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HomeMy WebLinkAboutC-5870 - Macarthur Boulevard Pavement Rehabilitation Federal Project No. STPL-5151 (030)June 27, 2018 Hardy & Harper, Inc. Attn: Steve Kirschner 1312 East Warner Avenue Santa Ana, CA 92705 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fax new port beachca.gov Subject: MacArthur Boulevard Pavement Rehabilitation Federal Project — C-5870 Dear Mr. Kirschner: On June 27, 2017, 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 29, 2017 Reference No. 2017000269224. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7650875. Enclosed is the Faithful Performance Bond. SinceI- Leilani I. Brown, MMC City Clerk Enclosure Premium is for contract tern and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7649486 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,568.00 , being at the rate of $ $3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt hereinafter designated as the "Principal," a contract for Irvine Avenue Pavement in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. * and Median Rehabilitation Contract No. 5869 WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland , 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 One Million Six Hundred- Dollars ($1,662,662.00_) 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 bind ourselves, our heirs, executors and administrators, successors. or assians. iointly and severally, firmly by these present. Sixty Two Thousand Six• ***Hundred Sixty Two and 00/100 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. 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Page B-1 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 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 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 18th day of May ,2016 All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone Authorized Si nature/Title Ed�1 s. r;a.\soe�Vlu?res��,e.,� =- W-91 � � 1 .11 %1 111 - - I • -• �•- • Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 City, only in the event 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 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 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 day of 120 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNE OFFICE Date:�1a ,% By: —Z Aaron C. Harp �4kCAAM vr1ZW11u City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 MOSINEE= ME= A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside on 07/26/2016 before me, Rebecca Angela Parra, Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheA#" executed the same in his/hef4heif authorized capacity(ies), and that by his/her/their REBECCA ANGELA PARKA signature(s) on the instrument the person(s), or the entity upon behalf RE "• of which the person(s) acted, executed the instrument. Commission # 2024944 Notary Public - California z I certify under PENALTY OF PERJURY under the laws of the State of Riverside County M Comm. Expires May 17, 2017 J California that the forgoing paragraph is true and correct. WITNESS my han official seal. Signature Place Notary Seal Above Signature I Notary Publicf OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Performance Bond No. 7649486 Document Date: 05/18/2016 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner t' ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner I i ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA.,ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange _ ) On 05/18/2016 Date before me, R. Paramo, personally appeared Rebecca Haas -Bates Notary Public Here Insert Name and Title of the Officer NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person(* whose name(t$ is/are subscribed to the within instrument and acknowledged to me that he/she/thea executed the same in hWher/thsir authorized capacity(ies), and that by hia4her/tha4r signatureZ4on the instrument the person(n ., or the entity upon behalf of which the personK acted, executed the instrument. R. PARAMO Commission # 2035890 Zq Notary Public - California Orange County M Comm. Ex ires Au 5, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is a orrec WIT ESS my han a o 'cial sea Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 764948E Document Date: 05/19/2016 Number of Pages: Thrcc 3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Cl Corporate Officer — Title(s): __ I -'Partner — O Limited ❑ General f l Individual 10f Attorney in Fact Trustee 1-1 Guardian or Conservator ❑ Other: Signer Is Representing: f idelity and Deposit Company of Maryland Signer's Name: _ Cl Corporate Officer — Title(s): _ 0 Partner — 17 Limited El General Individual 171 Attorney in Fact O Trustee ❑ Guardian or Conservator ID Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 PRF7649486 Bond Number City of Newport Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of May , A.D. 2016 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND =i lsaoe j BBAL y a Secretary Vice President Gerald F. Haley Michael P. Bond State of Maryland County of Baltimore On this 18th day of May A.D. 2016 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Gerald F. Haley, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. JJJ/J1115\5��` Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 September 5, 2017 Hardy & Harper, Inc. Attn: Steve Kirschner 1312 East Warner Avenue Santa Ana, CA 92705 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fnx newportbeachca.gov Subject: MacArthur Boulevard Pavement Rehabilitation Federal Project C-5870 Dear Mr. Kirschner: On June 27, 2017 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 29, 2017, Reference No. 2017000269224. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7650875. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure This bond was executed in two (2) identical counterparts. EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7650875 LABOR AND MATERIALS PAYMENT BOND THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE WHEREAS, the City of Newport Beach, State of California, has awarded to HARDY & HARPER, INC., hereinafter designated as the "Principal,' a contract for the mobilization, traffic control, construction notification, curb and gutter, sidewalk, curb ramps, and roadway resurfacing, and complete all other items of work as required in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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 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, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of * Dollars and _1100 ($1.919.000.0o ) 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. *One Million Nine Hundred Nineteen Thousand and 00/100 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of Califomia. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 Hardy & Harper, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 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 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 16th day of September , 2016 . Hardy & Harper, Inc. Name of Contractor (Principal) AuThorized Signature/Title Steve Kirschner — Vice President e— Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1OZ _ By:. Aaron C. Harp' aM 04JZVi`v City Attorney Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Hardy & Harper, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On September 16 2016 before me, Tina Pham, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name of Signer(A) who proved to me on the basis of satisfactory evidence to be the person(t) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/their authorized capacity(ie6), and that by his/hmr/their 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 TINA PNAM of the State of California that the foregoing paragraph COMM. #2149384 M is true and correct. Notary Public -California p WITNESS m hand and official seal. ORANGE COUNTYLL -.r=���°• My Comm. Expires Apr 17,2020 - y Signature Sign tune of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor & Materials Payment Bond Document Date: September 16 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: © Corporate Officer - Title(s): Virg Prac'rianr ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardv & Haroer. Inc 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On .20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence. to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange )Ss. On September 16 2016 before me, Susan Pugh Notary Public, personally appeared Dwight Reilly proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), 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. Sigr*tbre Susan Pugh Hardy & Harper, COMM. 42105405 Notary Publir.-California ORANGECOUNTY Bond No. 7650875 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY. THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REHLLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attomey-in-Fad, to make, execute, seal and deliver, for, and on its behalf as surety, and as its, act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 00 0d'J�".0MI�O:y 0. 010 om i ? teoe Secretary Vice President Eric D. Barnes Michael Bond State of Maryland - .County of Baltimore On this 9th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. \\..•.. .. Leo Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 012-00796 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer; the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. - This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or my certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. - IN TESTIMONY WHEREOF, I -have hereunto subscribed my name and affixed the corporate seals of the said Companies, thisl6thdayof September 20 16. a Gerald F. Haley, Vice President Document -3521809 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page I of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIrIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� NO FEE t$ R 0 0 0 9 3 8 0 2 9 0$« 2017000269224 8:44 am 06129/17 47 NCS N72 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 Hardy and Harper, Inc.., Santa Ana, as Contractor, entered into a Contract on September 13, 2016. Said Contract set forth certain improvements, as follows: MacArthur Boulevard Pavement Rehabilitation Federal Project— C-5870 Work on said Contract was completed, and was found to be acceptable on June 27, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. t Executed on (IUO& 24 1 at Newport Beach, California. about:blank 06/29/2017 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: 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 Hardy and Harper, Inc.., Santa Ana, as Contractor, entered into a Contract on September 13, 2016. Said Contract set forth certain improvements, as follows: MacArthur Boulevard Pavement Rehabilitation Federal Project — C-5870 Work on said Contract was completed, and was found to be acceptable on June 27, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. n Executed on (1u{�P/ off, ��� at Newport Beach, California. BY V &- 4• blm� City Clerk CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: June 27, 2017 Agenda Item No. 6 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Frank Tran, Civil Engineer, ftran@newportbeachca.gov 949-644-3340 TITLE: MacArthur Boulevard Pavement Rehabilitation — Notice of Completion for Contract No. 5870 (15R27/Federal Project No. STPL-5151-030) ABSTRACT: On September 13, 2016, City Council awarded Contract No. 5870 for the MacArthur Boulevard Pavement Rehabilitation Project to Hardy & Harper, Inc, California. The work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On September 13, 2016, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c); b) 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; c) Release Faithful Performance Bond one year after acceptance by the City Council; and d) Approve Budget Amendment No. 17BA-037 transferring $59,350.00 in project savings from Account No. 12201-980000-15R15 (Dover Drive Pavement Rehabilitation) to Account No. 12201-980000-15R27 (MacArthur Boulevard Pavement Rehabilitation). 6-1 MacArthur Boulevard Pavement Rehabilitation — Notice of Completion for Contract No. 5870 (15R27/Federal Project No. STPL-5151-030) June 27, 2017 Page 2 FUNDING REQUIREMENTS: Upon approval of the Budget Amendment, there are sufficient funds in the following accounts for this project: Account Description Account Number Contingency Amount Measure M Fair Share 12201-980000-15R27 Contract Amount $ 1,116,543.51 Contributions 13501-980000-15R27 Unforeseen $ 1,000,000.00 Water Enterprise 70101-980000-17R09 Change $ 5,250.00 Wastewater Enterprise 71101-980000-17R09 +11.6% $ 20,550.00 DISCUSSION: Overall Contract Cost/Time Summary $ 2,142,043.51 Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $1,919,000.00 $2,142,043.51 10% or less +11.6% +3.23% +8.37% Allowed Contract Time + 91 Actual Time -11 Approved Extensions (days) = Under (-) or Over (+) The contracted work has now been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows: Original bid amount: Actual cost of bid items constructed: Total Change Orders: Final Contract Cost: $1,919,000.00 $2,121,653.90 $20,389.61 $2,142,043.51 The final, overall cost of the construction contract was $2,142,043.51 or 11.6% over the original bid amount. The actual cost of bid items constructed was $202,653.90 more than the original planned bid amount. The majority of the cost increase was attributed to the additional asphalt needed to level the uneven existing surface. While performing the planned 2 -inch pavement grinding operation per design, the prior asphalt overlay from a previous project was de -laminating and unraveling in many areas, resulting in additional asphalt removal and unleveled surfaces. In order to construct a smooth and evenly finished new pavement surface, it was necessary to have the contractor install a thin asphalt -leveling course, prior to completing the new asphalt surface course. In addition to the added asphalt material increase, the paving limits at the cross streets were extended to include the traffic signal detector loops. These changes resulted in an increase of asphalt payment quantity. 6-2 MacArthur Boulevard Pavement Rehabilitation — Notice of Completion for Contract No. 5870 (15R27/Federal Project No. STPL-5151-030) June 27, 2017 Page 3 In addition to the added asphalt material mentioned above, the project also included three other change orders for a total amount of $20,389.61. These change orders were primarily for additional street sweepers and City requested revised traffic control methods to minimize impacts to commuters and residents. This project involved surface milling and overlaying the existing asphalt street pavement on MacArthur Boulevard from East Coast Highway to Ford Road/Bonita Canyon Drive, with a new rubberized asphalt pavement surface. Deteriorated sidewalk, curb and gutter, and access ramps were also reconstructed as part of the project. This project is funded in part with federal funds. As part of Transportation Program, the City qualifies for a maximum reimbursement monies. Staff has submitted the first invoice invoice to secure the full reimbursement. A summary of the project schedule is as follows: Estimated Completion Date per Baseline Schedule Notice to Proceed for Construction Contract Completion Date with Approved Extensions Actual Substantial Construction Completion Date ENVIRONMENTAL REVIEW: the Regional Surface of $1,000,000.00 in and will submit a final February 24, 2017 November 28, 2016 April 20, 2017 April 5, 2017 On September 13, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (minor alterations of existing public 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). ATTACHMENTS: Attachment A — Location Map Attachment B — Budget Amendment 6-3 ATTACHMENT A MACARTHUR BLVD PAVEMENT REHABILITATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5870 I 15R27 106/27/17 City of Newport Beach BUDGET AMENDMENT 2016-17 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations _ X Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: ATTACHMENT B NO. BA- 17BA-037 AMOUNT:1 $59,350.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Dover/Westcliff Pavement Rehabilitation project to the MacArthur Boulevard Pavement Rehabilitation Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object REVENUE ESTIMATES Orq Object EXPENDITURE APPROPRIATIONS Description Description Amount Debit Credit Description Org Number 12201 Measure M CIP Object Number 980000 CIP Exp Project Number 15R15 Dover/Westcliff Pavement Rehabilitation $59,350.00 Project String E-1 5R1 5 -CONSTRUCT -1 22 -UNASSIGNED Org Number 12201 Measure M CIP Object Number 980000 CIP Exp Project Number 15R27 MacArthur Blvd Pavement Rollup Project String E-1 5R27 -CONSTRUCT -122 -UNASSIGNED * Automatic $59,350.00 Signed: J c�. C) 17 WG Financial Approva : Finance Directo Date Signed Signed: Administrate Approval: City City Council Approval: City Clerk e.1 La Date Date 6-5 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 23rd day of August, 2016, at which time such bids shall be opened and read for MACARTHUR BOULEVARD PAVEMENT REHABILITATION FEDERAL PROJECT NO. STPL-5151 (030) Contract No. 5870 $ 2,000,000.00 Engineer's Estimate Approved by Mark Vukojevic City Engineer DBE GOAL: 11% Prospective bidders may obtain Bid Documents, Project Specifications and Drawings via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Hard copy plans may be purchased from Mouse Graphics at (949) 548-5571 located at 659 W. 19�h Street, Costa Mesa, CA 92627 Contractor License Ciassification(s) required for this project: "A" For further information, call Frank Tran, Project Manager at (949) 644-3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) TABLE OF CONTENTS NOTICE INVITING BIDS.............................................................................................................................. 1 INSTRUCTIONSTO BIDDERS................................................................................................................... 3 BIDDER'S BOND..........................................................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)................................................................................................. 9 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL .............................. 10 INFORMATON REQUIRED OF BIDDER................................................................................................... 13 ACKNOWLEDGEMENT OF ADDENDA..................................................................................................... 16 TECHNICAL ABILITY AND EXPERIENCE REFERENCES....................................................................... 17 NON -COLLUSION AFFIDAVIT................................................................................................................... 21 DESIGNATION OF SURETIES..................................................................................................................22 STATE AND FEDERAL CERTIFICATIONS/DISCLOSURES ....................................................................23 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION.. ...... ...... .. . . .... ... .............................. 24 PUBLICCONTRACT CODE....................................................................................................................... 25 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ....................... 25 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE.....................................................25 PUBLIC CONTRACT CODE SECTION10232 STATEMENT..............................................................26 NONCOLLUSION AFFIDAVIT (TITLE 23 US CODE SECTION 112 AND PUBLIC CONTRACT CODE SECTION 7106. ............... ... ...... ... . ........ ............ __ ........ 27 DEBARMENT AND SUSPENSION CERTIFICATION...............................................................................28 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS....................................................29 EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES (SF-LLL).......................................................30 INSTRUCTIONS FOR COMPLETION OF SF-LLL.............................................................................. 31 EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT...............................................................33 INSTRUCTIONS — LOCAL AGENCY BIDDER DBE COMMITTMENT............................................... 34 EXHIBIT 15-H DBE INFORMATION — GOOD FAITH EFFORTS..............................................................36 EXHIBIT 12-B BIDDERS LIST OF SUBCONTRACTORS (DBE AND NON-DBE)....................................39 EXHIBIT12-B PART I..........................................................................................................................40 EXHIBIT 12-B PART II ...... ............... ._............. ._........._ .. __...... ........ ....41 EXHIBIT 12-G REQUIRED FEDERAL AID CONTRACT LANGUAGE......................................................42 EXHIBIT 16-B SUBCONTRACTING REQUEST........................................................................................43 FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONSTRUCTION CONTRACTS.........................................................................................................46 DAVIS BACON FEDERAL WAGE DETERMINATIONS............................................................................47 CARGO PREFERENCE ACT REQUIREMENTS.......................................................................................48 SAMPLECONTRACT .............. ...................... -.................. ............ .............. ...... ...................................... ...49 LABOR AND MATERIALS PAYMENT BOND........................................................................ EXHIBIT A FAITHFUL PERFORMANCE BOND.......................................................................................EXHIBIT B INSURANCE REQUIREMENTS........................................................................................... EXHIBIT C State of California, Department of Transportation Subcontracting Request Form 16-B ........ EXHIBIT D Required Contract Provisions Federal -Aid Construction Contracts Exhibit FHWA- 1273 ....... EXHIBIT E Davis Bacon (DB) Federal Wage Determinations ...._... ......... ................................................. EXHIBIT F NOTICE TO SUCCESSFUL BIDDER .............................. .............................. .... ....-..... ...... ........ ............... 50 PROPOSAL............................................................................................................................................ PR -1 SPECIALPROVISIONS.......................................................................................................................... SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL5151 (030) INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Hard Copy to be submitted directly to the City Clerk prior to bid opening) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submitinfo via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ACKNOWLEDGEMENT OF ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall also confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids; however the declaration page must also be signed and included in your submittal 2. As this is a federal -aid construction contract, in addition to the certification of FHWA form 1273 (Required Contract Provisions for Federal -Aid Construction Contracts) and the Federal Wage Determinations incorporated herein, the following State and Federal Certifications/Disclosures are also incorporated herein. Any and all forms required at the time of bid opening must be completed, executed and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS. REQUIRED STATE AND FEDERAL CERTIFICATIONS/DISCLOSURES: Equar Employment Opportunity Certification Public Contract Code Questionnaire Noncollusion Affidavit (Title 23 United States Code Section 113 and Public Contract Code Section 7106) Debarment and Suspension Certification Nonlobbying Certification for Federal -Aid Contracts Exhibit 10-Q Disclosure of Lobbying Activities (Standard Form LLL Rev. 04-28-06) Exhibit 12-G Required Federal Aid Contract Language Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) Exhibit 15-H DBE Information — Good Faith Efforts Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE) Part I and Part 11 Exhibit 16-B Subcontracting Request Cargo Preference Act Requirements 2. Awarded Contractor shall furnish subcontractors' 1273 in the contractor/sub agreement. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL5151 1030) 3. 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. The Davis -Bacon Wage determinations are available at Federal Wage website: http://www.gpo.gov/davisbacon/ca.html 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL5151 (030) Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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. 215952; A, C-8, C12 Contractor's License No. & Classification 1000000076;6/30/16 DIR Reference Number & Expiration Date Hard � Harper, Inc ice President Authorized Signature/Title Steve Kirschner 8/19/16 Date CITY OF NEWPORT BEACH Bond No, CSBA-2928 PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly 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 ($10%******* ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MACARTHUR BOULEVARD PAVEMENT REHABILITATION, Contract No. 5870 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 date 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 18th day of August 2016. Hardy & Harper, Inc. Name of Contractor (Principal) Authorized Si natureffitle 5 tirscttncr- vrg:t �resigcm Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Aneeles, CA 90017 Address of Surety (213)270-0600 Telephone Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 iu�r .�.rNxrh m ..rz, rc�=a� �.M�fl-�saC�"-NTrmekr, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On August 18 2016 before me, Tina Pham Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(l of SignerO who proved to me on the basis of satisfactory evidence to be the person(,) whose name(kj is/aye subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(jQC), and that by his/har/their signature(8) on the instrument the person(a), or the entity upon behalf of which the person(,) acted, executed the instrument. =NotaryPublic-California PHAM N2149384 nlicCalifornia ovE COUNTYires Apr fl, 2020LL 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 Sighaturre of Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: Au ust 18 201 Number of Pages: 1 Signer(s) Other Than Named Above: Dwi, ht Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner © Corporate Officer — Title(s): v ce pra, dant ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 95907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On _ August 18, 2016 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aax subscribed to the within instrument and acknowledged to me that heheoe(tltekgtexecuted the same in his xauthorized capacity0ax), and that by his xsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / susAN PuG7-o co"#05NotaryPublic-C ORANGE COUNTY rY. MY Comm, epirx Apr 29'01') Signature' 1�`-ice (Seal) Bond No. CSBA-2928 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND PO WER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a. corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Sbaunna BURCHFIEL and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, asfully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own properpersons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE, COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2016. AT'T'EST: z), ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURE'L'Y COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND EBY r0 ovaer...........g.a 'O<i 3<i td :Xl Joa :b`• t� �. +mow... Secretary Vice President Eric D. Barnes Michael Bond State of Maryland County of Baltimore On this 9th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instr unent, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. Y: 1111 t1i.1111.` Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 012-00798 DESIGNATION OF SUBCONTRACTOR(S) 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.) For each subcontractor listed, Contractor must also provide a signed Form 16-B Subcontracting Request, a copy of which is located in the STATE AND FEDERAL CERTIFICATIONS/DISCLOSURES portion of the Bid Documents. Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: £M Ottl 11(CS Address 1-32-0 �, (OZhS{' �OYOf'1Gt, 04,11,6-7-1 y I Z" mrtiv►hale DIR Number. 10 Phone: (q51) 1 1 q -68(aq State License Number: Name: Wl. Q f0 vsionRl £rt I Yleer'll1q 5 l Address:g26{ 0*iCrloLtrl Av(, I,aQ"te,T-11114$ Q L LIQ vl- DIP Numher, I0000UI�IBO Phone: (¢ 1(e - $10 -11730 State License Number:, g3�01 Name:(ovarrua1aS bra's Qrate rnt��' �raoKS Address: 31310 9 Oeerwa0d , Ikurric%, CN, Ct - �oX DIR Number: L5107- ko00oG1nIo5Z C ne. g51-�o0 1 51 State License Number: 7 8 4 1 -11 Hardy & Harper, Inc Bidder 0' Authorized Signaturelfitle Steve Kirschner - Vice President DESIGNATION OF SUBCONTRACTOR(S) 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.) For each subcontractor listed, Contractor must also provide a signed Form 16-B Subcontracting Request, a copy of which is located in the STATE AND FEDERAL CERTIFICATIONS/DISCLOSURES portion of the Bid Documents. Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name:St fftrjOY aVUrIx/rt Address:oj312 Cgj%Y-QSS St, Cbe"". 04,10(030 3 St�' 1p117p �S. Igna9e DIR Number: J T I I o UOO O 14'110 Phone: -1 lck-qas-`l loo State License Number: 0 Name: Address: DIR Numher Phone: State License Number: Name: Address: DIR Number: Phone: State License Number: Hardy & Harper, Inc Bidder Authorized Signaturelfitle Steve Kirschner - Vice President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Hardy & Harper, Inc 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. 10 Current Record Record Record Record Record Year of for for for for for Record 2015 2014 2013 2012 2011 Total 2016 No. of contracts 1�3 402 36-+ 45G S%l 58 -2 2 sq I Total dollar Amount of Contracts (in S,tkQ2 Wi rgUO 61, Lp$ 61,-q/-0 1IQ4 -1�0,409 283, Iiq Thousands of $ No. of fatalities P No. of lost Workday Cases 2 l 4 3 l tl No. of lost workday cases iir�i Jin.3 permanent transfer to another job or termination of employment 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. 10 Legal Business Name of Bidder: Hardy& Harper, Inc Business Address: 1312 E. Warner Ave., Santa Ana, CA 92705 Business Tel. No.: 714-444-1851 State Contractor's License No. and Classification: 215952; A, C-8, C12 Title Vice President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature bidd Date Title Steve Kirschner - Vice President Signature of bidder l� Date 8/19/16 r� Title Kristen S. Paulino - Secretary Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a p-mrtr:ership •cr jci^,t ver:tur=, leg -al r.�-rne c -f partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. NOTARY ACKNOWLEDGMENT MUST BE ATTACHED 11 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT CIVIL .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On August 19 2016 before me, Tina Pham- Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner & Kristen S Paulino Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in HG/her/their authorized capacity(ies), and that by his/hxr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TINA PHAM N COMM. #2149384 n `r Notary Public -California C ORANGE COUNTY n MY Comm. Expires Apr 17, 2020 Place Notary Seal Above 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(/. (/C 4(A) Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Contractor's Industrial Safety Re Document Date: August 19 2016 Number of Pages: 2 Signer(s) Other Than Named A ove: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner © Corporate Officer — Title(s): V np aroc'riont ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper. Inc Signer's Name: Kristen S. Paulino © Corporate Officer — Title(s): Sec_�etary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc - — -�:c,•e=tis 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT State of California County of }ss. On _ Public, personally before me, appeared Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 seal. Signature 12 (seal) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Hardy & Harper, Inc Business Address: 1312 E. Warner Ave., Santa Ana, CA 92705 Telephone and Fax Number: 714-444-1851; 714-444-2801 California State Contractor's License No. and Class: 215952; A, C-8 (REQUIRED AT TIME OF AWARD) Original Date Issued: 3/13/63 Expiration Date: 12/31/17 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: Kirschner - Vice President 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 Fred T. Maas, Jr President, Treasurer 1312 E. Warner Ave., Santa Ana, CA 92705 714-444-1851 Dan T. Maas CEO 1312 E. Warner Ave., Santa Ana, CA 92705 714-444-1851 Steve Kirschner Vice President 1312 E. Warner Ave., Santa Ana, CA 92705 714-444-1851 Kristen S. Paulino Secretary 1312 E. Warner Ave., Santa Ana, CA 92705 714-444-1851 Corporation organized under the laws of the State of California i[c3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL5151 (030) The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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 the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses,- N/A efenses;N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No 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 f& 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) Are any claims or actions unresolved or outstanding? Yes e 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. Hardy & Harper, Inc Bidder Fred T. Maas. Ir (Print name of Owner or President of�p ration/Company) uthorized Signature/Title Fred T. Maas, Jr - President, Treasurer Title 8/19/16 Date Subscribed and sworn to (or affirmed) before me on this day of norgnna!!y knovip In me ^" -roved 4..me n the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] 15 Notary Public My Commission Expires: 2016 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s), not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange TINA PHAM Q COMM. #2149384Notary Public -California pORANGE COUNTY u y Comm. Expires Apr 17, 2020 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 19 day of August 20 16 by Date Month Year (1) Fred T. MOO&I Jr (and Name() of Signer() proved to me on the basis of satisfactory evidence to be the p rson(s) who appeared before me. 17 Signature Sig ature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Information Required of Bidder Document Date: August 19, 2016 Number of Pages: _ 3 _ Signer(s) Other Than Named Above: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) ACKNOWLEDGEMENT OF ADDENDA Bidders name Hardy & Hamer, Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents (Note: Proposers must also confirm addenda electronically via PlanetBids.) Addendum No. Date Received n e #1 8/15/16 i I i i m CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Hardy & Harper, Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. 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. 1 Project Name/Number _ Schleisman Road Overlay STPL-548610027 Project Description Road Overlay Approximate Construction Dates: From 7/15 To: 8/15 Agency Name City of Eastvale Contact Person Ruben Castaneda Telephone ( ) 951-703-4472 Original Contract Amount $ 333,333.00FInal Contract Amount $ 333,35439 If final amount is different from original, please explain (change orders, extra work, etc.) Scope of work was changed by the City. 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. 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) No. 2 Project Name/Number Fy 2015-2016 Annual Minor Street Rehabilitation Phase I Project Description Street Rehabilitation Approximate Construction Dates: From 9/15 Agency Name city of Norco Contact Person Bill Thomas Telephone ( 951-735-3900 Original Contract Amount $777.000.00 Final Contract Amount $ 744,373.54 If final amount is different from original, please explain (change orders, extra work, etc.) Scope of work was changed by the City. 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. 3 Project Name/Number FY 2015-16 Annual Minor Street Rehabilitation Phase 2 Project Description Street Rehabilitation Approximate Construction Dates: From Agency Name City of Norco Contact Person Bill Thomas 10/15 15 Telephone ( ) 9i1-735-3900 Original Contract Amount $ 547,000.00 Final Contract Amount $ 562,096.12 If final amount is different from original, please explain (change orders, extra work, etc.) Scope of work was changed by the City 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. M iL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) No. 4 Project Name/Number Area I & 2 Street Resurfacing Project Project Description Street Resurfacing Approximate Construction Dates: From 9/15 To: 11/15 Agency Name City of Walnut Contact Person Natalie Avila Telephone ( ) 909-594-9702 Original Contract Amount $ 1,077,000 Final Contract Amount $__1,06.5514.02 If final amount is different from original, please explain (change orders, extra work, etc.) Scope of work was changed by the City 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 No. 5 Project Name/Number Foothill Blvd Pavement Rehabilitation Project Description Pavement Rehabilitation Approximate Construction Dates: From Agency Name City of Rancho Cucamonga Contact Person Romeo David 10/15 Telephone ( 11/15 909-477-2740 Original Contract Amount $ 955,000 Final Contract Amount $ 984,399.54 If final amount is different from original, please explain (change orders, extra work, etc.) Scope of work was change by the City. 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 litf CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) No. 6 Project Name/Number Fy 2015-16 Annual Minor Street Rehabilitation Project Description Street Rehabilitation Approximate Construction Dates: From 9/15 To: 11/15 Agency Name City ofSimi Contact Person Fuad Shamout Telephone ( ) 805-583-6788 Original Contract Amount $1,213,960.5�inal Contract Amount $ 1,280,627.60 If final amount is different from original, please explain (change orders, extra work, etc.) Scope of work was changed by the City 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 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 :,on"iracior. 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. Hardy & Harper, Inc of fdd L Z��iCJ—l/0VVV Bidder Authorized Signaturef itle Steve Kirschner - Vice President 20 Michael Amundson 246 Chaumont Circle Foothill Ranch, Ca 92610 Amundson29@hotmail.com Phone: (949)-305-443.3 OBJECTIVE: To contribute my experience, education and motivation to a dynamic organization that is focused on excellence in the field of construction management. EDUCATION: University of San Diego B.A. Communications/Business Administration 6/2000 GPA: 3.3 Honor Rall: 1998, 1999, 2000 USD Men's Baseball team Lettered 1996-2000. All WCC I•` Team 1998/99, 1998/1999 season Team MVP EXPERIENCE: Sequel CWtraCtors, Inc. Santa Fe Springs, Ca 4/2003 - Current Project Manager/ Project Estimator • Currently managing aver 6 million dollars in roadway, concrete, electrical and landscape projects. • Estimating Jobs at 9%, Average returns of 12-14% per project for FY 200,1--2005 • Estimated over 200 projects with extensive paving,•grading, excavation, electrical, concrete, underground and landscaping. • Managed over 30 projects containing paving, grading, excavation, electrical, concrete, i underground and landscape. • Manage all aspects of projects horizontally from inception to completion. • Responsibilities include: Negotiating change orders, Contracts, Bonds, Insurance, Scheduling, Coordinating sub -contractors, Gathering quantities, Billings and Quarterly closings. • Currently managing 5 teams of 6 to 15 employees. • Current Monthly estimating load of 10 million dollars approx. 5-10 bids per week • Proficient using Primavera Project Manager, Microsoft Excel and Word • Experience with Microsoft Project Cerdned .advanced SWPPP training Have produced 10 fully -functional SWPPP/SNIP Plans this year • Registered Notary Public in the state of California Current Projects: • City of Laguna Beach: PM, Pavement Rehabilitation Program; $710,000.00, Current • City of South Pasadena: PM, Orange Grove Avenue Improvements; $2,341,000.00 Job Status: Current • City of Palos Verdes Estates: PM/Estimator, Annual Pavement Overlays Project; $210,000.00 10/05 -Job Status: Current • City of Diamond Bar: PM, Grand Avenue Beautification Project; $1,921,000.00 Job Status: Current • City of Fullerton: PM/Estimator, Residential Street Rehabilitation Project; $880,000.00 Job Status: Current • City of Seal Beach: PM/ Estimator, Annual Pavement Rehabilitation Project, $675,000.00 9/05 - 11/05 • Los Angeles County Public Works Division: PNI/Estimator, Various Street Rehab; $1,375,000.00 3/05 - 8/05 • City of Pasadena: PM/Estimator., Orange Grove Median Improvements; $150,000.00 8/05-9/05 Recently Completed Projects: - Qty of Cypress: PNI/Estimator, Cypress Acres Street and Storm Drain Improvements 12/04 - 3/05; $651,000.00 • City of Rancho Palos Verdes: PE, Residential Streets Overlay 9/04 -12/04; $2,150,000.00 • City of Pasadena: PM/ Estimator, Walnut Ave. Reconstruction Project.7/04 -10/04; $5101000.00 • City of Laguna Hills: PE, Reconstruction of Various Streets in Nelly Gail Ranch 6/03 - 10/03; $2,350,000.00 • City of Fullerton: PM/Estimator, City Hall Parking Lot Construction 8/04-10/04; $350,000.00 • City of Anaheim: PM/Estimator, Anaheim Resort Area Intersection Project 6/04-8/04; $200,000.00 • City of Irvine: PM/Estimator, Michaelson Dr. Rehabilitation 8/03-10-%03; $350,000.00 • City of Fountain Valley: PM, Harbor Blvd. Reconstruction 5/04 - 8/04; $500,000.00 T6h1, Inc. Santa Ana, Ca 9/2001 - 4/2003 Sales;Manager, Existing and Developing Accounts • Averaged 75,000. per mo. Sales, total company sales 110,000. • Responsible for driving sales in both San Diego and Orange Counties • Developed flagship etching design and fabrication for Orange County Drum and Percussion Acrylics division; Blink 182, No Doubt and New Found Glory designs. Private Projects Included: • Design/Build 3-Dimesional Chemical Compound display, AT&T Building: San Jose Ca $85,000.00 Designer: Confidential Design; Build Main Glass Laminate Displays Nordstrom's Fashion Show Hall, Las degas $120,000.00 Designer: Heartwood Construction • Design%Build: Glass Countertops/Splashes for Montbiva Construction San Diego 65,000.00 Glass Showcases/ Displays for Orleans Casino LV, Tumberry Towers LV, Wyland Ar[ Galleries,_Pnzer Building San Diego DENNIS BEYLE PROFESSIONAL EXPERIENCE Hardy & Harper, Santa Ana, CA 1999 to Present Construction Superintendent Supervise Construction sites for several communities. Establish and manage closing and production schedules for completion of projects. Organize contracts and coordinate with subcontractors to meet production deadlines. Adjust products to meet specific needs of customers. Adapt construction practices to meet the needs of harsh climate. Monitor work completed by subcontractors to ensure product quality. Collaborate with utility companies. Answer service calls and take corrective measures to resolve conflicts. Managed and directed overall construction of multi-million dollar projects. Organize scheduling of sub -contractors and monitored work efficiency, quality and performance. Directed and supervised projects from inception to completion. Track time comparison reports and construction production reports. Hired qualified personnel from designated union labor pool. Work effectively with architects, engineers, and developers. Maintain budgets and schedules. Responsible predominantly for phases of construction from ground breaking to final project. Schedule subcontractor work, material delivery, and material returns. Attend weekly meetings with Management of the customer relating to updates on construction of each individual phase. Organize and see through accelerated schedule to meet needs and deadlines of customers with tight closing dates. Ensure the construction project is completed on time and safely. Track project materials requisitions from the date they were ordered to delivery to construction site to ensure timely delivery. Daily inspections of all ongoing construction projects to ensure all work is being performed in a safe manner and adhere to QA and QC guidelines. Updates on projects such as reaching milestones and achieving customer satisfaction. Industrial Asphalt, Irwindale, CA 1994 to 1999 Procured and maintained necessary equipment and materials. Operated & Maintained equipment used on high volume paving ie., residential & arterial, highways & freeways Performed progress reports for city & state inspectors. Was responsible for safety on the job. Responsible for seeing that all work met job specifications and deadlines. Union Paving, Stanton, CA 1987 to 1994 Mechanics Assistant — achieved general knowledge of equipment used in grading and paving. General Laborer — Hands on training of field operations. Journeyman Asphalt Luteman — Advancement of specialized asphalt placement. Grade Checker — Understanding of slopes, elevations, percentage of active drainage. Operating Engineer — Roller — Subgrade and finish surface. Skiploader — Subgrade and finish surface. Paving Machine — Parking Lots and minor streets. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) Steve Kirschner being first duly sworn, deposes and says that he or she is Vice President of Hardy & Harper, 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 fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of theof Califor ' hat t regoing is true and correct. Hardy & Harper, Inc Bidder Authorized Signature/Title Steve Kirschner - Vice President Subscribed and sworn to (or affirmed) before me on this day of 2016 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) 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. [SEAL] 21 Notary Public My Commission Expires: CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange TINA PHA" [Q:N COMM'12149384oyP611c-CaliforniaRANGE COUNTY Comm. Expires Apr 17, 2020 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 19 day of August 20 16 by Date Month Year (1) s�,yf, i1=nCx (and (2) ) Name of Signer proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 4 Signatre jAA4 SigrAeture of Notary Public vitro], - Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: August 19, 2016 Number of Pages: 1_ Signer(s) Other Than Named Above: �c �zazx-.eIQIX r, 02014 National Notary Association • www.NabonaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) DESIGNATION OF SURETIES Bidders name Hardy & Harper, 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): Fidelity & Deposit Company of Maryland; 777 S. Figueroa St, Los Angeles, CA 92867 (213) 270-0600 Commercial Surety Bond Agency; 1411 N. Batavia St, Orange, CA 92867 (714) 516-1232 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) STATE AND FEDERAL CERTIFICATIONS 23 CLOSURES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Hardy & Harper, Inc proposed subcontractor(s) EH,- utiliires Cn ZrofNsrtonaA t nptneert coVQ&460s boo ,supen0 hereby certifies that he has X , has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not ;:-cd t`:_ rcquirer' reports chou'd note that Al CFF ^0-1.7(b) (1) presents `:•.:e award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract liance, S. partment Labor. By: �//� Date: 8/19/16 Name: Steve Kirschner Title: Vice President By: Nami Title: By: Nami Title: 24 Date: Date: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 6870 STPL-5151 (030) PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not x been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. r By: _Date: 8/19/16 Name7Stev�eMnhu cn le: Vice ?,-_:de ,t Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. 25 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final un -appealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. By: Date: 8/19/16 Name: Steve Kirschner Title: Vice President 0- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 10301 Noncollusion affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY I COUNTY of Newport Beach DEPARTMENT OF PUBLIC WORKS In conformance with Title 23 United States Code Section 112 and Public Works Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, conniver 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, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 27 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending, and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. N la Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. T)e above certification is part of the Proposal. Signing this Proposal on the signatu Rion thereo hall qKqconstit t nature of this Certification. By: Date: 8/19/16 Name: Steyr Kirerhnor Title: Vice President M CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this tranEaCticn.was rrpde m- entered into. Submission of this certific2fion Is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 29 WMI'Lic I E THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract EA -1 a. bid/offer/application rA I a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year_ quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: © Prime E] Subawardee Tier , if known N/A Congressional District, if known 6. Federal Department/Agency: N/A 8. Federal Action Number, if known: N/A Congressional District, if known 7. Federal Program Name/Description: N/A CFDA Number, if applicable 9. Award Amount, if known: N/A 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) None (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ None ❑ actual ❑ planned a. retainer b. one-time The 12. Form of Payment (check all that apply): c. commission ea. cash d. contingent fee b. in-kind; specify: nature a deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: Hardy & Harper, Inc has not paid any funds in regards to this project. (attach Continuation Sheet(s) if necessa - 15. Continuation Sheet(s) attached: Yes ❑ No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information \mll be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: 30 Signature: Print Name: Steve Kirschner Title: Vice President Telephone No.: 714-444-1851 Date: 8/22/16 Authorized for Local Reproduction Standard Forth - LLL Rev. 09-12-97 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO.5870 STPL5151 (030) INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous fling pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization fling the report in Item 4 checks'Subawardee" then enter the full name, address, city, state and zip wide of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard, 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal Identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or Ivan award numher, the application/proposal control number assigned by the FpHpral agency). Incline prefixes, a q., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity(Rem 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity notjust time spent in actual contact with Federal officials. Identify the Federal officers) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. 31 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL5151 (030) Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project. 32 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 10. Bid Item 11. Description of Work. Service, or Materials 12. DBE Certification 13. DBE Contact 14. DBE Dollar Number Supplied Number (Must be certified on the date bids are opened) to bids are Amount #16 Grate Inlet Brooksbox CCA6266 Covarrubias Bros (951) 600-1751 37369 Dee wood Dr Murrieta, CA 92562 34,000.00 #18, #19 Traffic Loops Ca Professional Eng (626) 810-1338 #22 31277 1 929 Otterbein Ave, La Puente, CA 91748 30,648.00 WIA vaRorj COIL J TYUGI Ulg UfIS TRmspopt (q5t) GIG -3825 -- 3832� 2-4-H4VfljDn ct. Jtlt'4pa vcIr1 ,cq g25pq 414q, -ch Local Agency to Complete this Section 8 212,4251 OO 21. Loral Agency Contract Number: C _ Sp 7Q 22. Federal -Aid Project Number: 5T PL — 51 r✓ ( 0 30� 15. TOTAL CLAIMED DBE PARTICIPATION 23. Bid Opening Date: $ 123 I16 ( o 24. Contract Award Date: Gi / (� (� IMPORTANT: Identify all DBE firms being claimed for credit regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where app' with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on or List" sub t d with r bid. Written confirmation of this form is complete and accurate. e d is requ/ �rd/f2i QJ'a`� 1 8/23/16 25. Local Agency Representative's Signature 26. Date arer's i ure 17. Date FfLAf-J k-1- TpA4-( 61q9-644-312>40 Steve Kirschner 714-444-1851 27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone U 0 L E–Kcf ( NE=F—k Vice President 29. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency 2. Copy – Caltrans District Local Assistance Engineer (DI -AE). Failure to submit to DIRE within 30 days of contract execution may result in de -obligation of federal funds on contract. Include additional copy with award package. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For Information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814, 33 M CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (0301 INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder's Name - Enter the contractor's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors —Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non -DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors — Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non -DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Numb@r - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor's name and phone number, if the prime is a DBE. 14. DBE Dollar Amount Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count Rill/partial participation. 15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount' column. %: Enter the total DBE participation claimed (..Total Claimed DBE Participation Dollars" divided by item `Bid Amount"). if the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's finm must sign their name. 17. Date -Enter the date the DBE commitment form is signed by the contractor's preparer. . 18. Preparer's Name - Enter the name of the person preparing and signing the contractor's DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20. Preparer's Title - Enter the position/title of the person signing the contractor's DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information im this and the Contractor Section of this form is complete and accurate. 26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 34 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO.5870 STPL-5951 (030) 27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the contractor's DBE commitment form. 28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. 35 i 0 r \� Qo� ail Procedures Manual Exhibit 15-11 DBE Information - Good Faith Effort EXHIBIT 15-H DBE INFORMATION —GOOD FAITH EFFORTS M DBE INFORATION - GOOD FAITH EFFORTS ,pyoFFederal-aid Project No. STPD -5151 Bid Opening Date 8/23/16 The City of Newport Beach established a Disadvantaged Business Enterprise (DBE) goal of 1 % for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement Focus J.=.l fl W16 Trade Journal 8/23116 Twitter M3116 B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation Please see accompany goodfaith documents Page 15-1 OB IZ-04 June 29, 2012 Exhibit 15-11 DBE Information -Good Faith Effort Local Assistance Procedures Manual C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items ($) Of (Y/N) Contract Please see accompany goodfaith documents D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: We did not reject any DBE firms that provided us a quote. Only (2) DBE firmswas able to provide a quote in time which are listed as a Subcontractor on this project. Names, addresses and phone numbers of firms selected for the work above: Covarrubias Bro's; 37369 Deepwood Dr, Murrieta Ca 92562 (951) 600-1751 Ca Professional Eng; 929 Otterbein Ave, La Puente, CA 91748 (626) 810-1338 E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: Please see accompany goodfaith documents; plans and specs were available to interested ftans Page 15-2 _- June 29, 2012 OB 12-04 i Local Assistance Procedures Manual Exhibit 15-11 DBE Information - Good Faith Effort F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: Please see accompany goodfaith documents G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Narne of Agency/Organization Method/Date of Contact Results Please see accompanV goodfaith documents H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): Please see accompany goodfaith documents NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. Page 15-3 OB 12-04 June 29, 2012 8/24/2016 Ad Proofs I MACARTHUR BOULEVARD PAVEMENT REHABILITATION FOCUS JOURNAL AD The advertisement below was published in the DBE Good Faith Minority, Women, Small, & Disabled Veteran Business Focus Journal at www.dbegoodfaith.com on 08/22/2016 09:21 AM. The ad ran from the publication date until the bid date listed on the notice. "a* A Marvva, IRL. Corey Kirschner 1312 E. Warner Ave. Santa Ana, CA 92705 Tel: (714) 444-1851 ext. Fax: (714) 444-2801 Email: cKirschner@hardyandharper.com Hardy & Harper, Inc. is seeking qualified DBE MACARTHUR BOULEVARD PAVEMENT REHABILITATION FEDERAL PROJECT NO. STPL-5151 (030) Contract No. 5870 City of Newport Beach Newport Beach, Orange County, CA 08/23/2016 at 10:00 t- Striping, Traffic Loops, Manhole, Survey, Traffic Signal Pullbox We are an equal opportunity employer. The plans and specs are available for your review at our office or we can fax you the proposal schedule. Bonds will not be required from qualified subcontractors. https:/Av .dbegoodfaith.com/submit ceder/docs/ad_proofs.php?docs adid=36120 1/3 8/24/2016 Ad Proofs I MACARTHUR BOULEVARD PAVEMENT REHABILITATION TRADE JOURNAL AD The advertisement below was published in the DBE Good Faith's Minority, Women, Small, & Disabled Veteran Business Trade Journal, Outreach Impact, at www.trade.dbegoodfaith.com on 08/22/2016 09:21 AM. The ad ran from the publication date until the bid date listed on the notice. Hardy & Harper, Inc. is seeking qualified DBE Corey Kirschner MACARTHUR BOULEVARD PAVEMENT REHABILITATION E. Warner Ave. Sant TPL-5151030 Santa Ana, CA 92705 ( ) FEDERAL PROJECT NO. SContract No. 5870 Sant Tel: (714) 444-1851 ext. Fax: (714) 444-2801 Email: City of Newport Beach cKirschner@hardyandharper.com Newport Beach, Orange County, CA 08/23/2016 at 10:00 Striping, Traffic Loops, Manhole, Survey, Traffic Signal Pullbox We are an equal opportunity employer. The plans and specs are available for your review at our office or we can fax you the proposal schedule. Bonds will not be required from qualified subcontractors. TWITTER POST The Twitter post below was published at www.twitter.com/dbegoodfaith on 08/22/2016 09:21 AM. DBE GoodFalth Inc. Hardy & Harper, Inc. is seeking DBE s in Newport Beach - dbegoodfaith.com/ads/MACARTHUR-... 09:08 AM - 22 Aug 2016 https:/Av .dbegoodfaith.com/submit_order/docs/ad_proofs.php?docs adid=36120 Z3 8/24/2016 Soliciation Log I MACARTHUR BOULEVARD PAVEMENT REHABILITATION SOLICITATION LOG This document contains the solictations logs for: Project: MACARTHUR BOULEVARD PAVEMENT REHABILITATION Contract/Bid #: FEDERAL PROJECT NO. STPL-5151 (030) Contract No. 5870 Awarding Agency/Owner: City of Newport Beach Certification Count Disadvantaged Business Enterprise (DBE) - 25 • Minority -Owned (MBE) - 17 • Women -Owned (WBE) - 8 __.. _ ........ TOTAL SOLICITED - 25 AAA ELECTRICAL SUPPLY, INC 1014 S. MONTEBELLO BOULEVARD • MONTEBELLO, CA, 90640 Cert. #4815 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission ...... _.. _. _._. Email Address Send Date & Time Delivery Status aaaes@earthlink.net 2016-08-2210:34:52 Delivered Fax Transmission .... _.. _. .. .. .... Fax Number Send Date & Time Tranmission Status (323)721-5437 2016-08-2211:35:34 Successful AMERICAN MERIDIAN INC 5381 E. RURAL RIDGE CIRCLE • ANAHEIM, CA, 92807 Cert. #42677 (Women -owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email Address Send Date & Time DeliveryStatus tkahlen@americanmeridianinc.com 2016-08-2210:34:52 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status No Fax Number n/a n/a BERT W SALAS, INC. 10769 WOODSIDE AVENUE, SUITE 201 • SANTEE, CA, 92071 Cert. #77 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. https:/A w .dbegoodfaith.com/submit_order/docs/sdicitation_log.php?Mocs_adid=36120 1/8 8/24/2016 Soliciation Log I MACARTHUR BOULEVARD PAVEMENT REHABILITATION Email Transmission Email Address Send Date & Time Delivery Status bsalaz@bertsalasinc.com 2016-08-2210:34:52 Delivered Fax Transmission -._ ..... .__. ___ .,. ..... .. _._... Fax Number Send Date &Time Tranmission Status (619) 258-3515 2016-08-22 11:35:41 Successful BLUE CABLE INC 7306 COLDWATER CANYON AVE #10 • NORTH HOLLYWOOD, CA, 91605 Cert. #41963 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email Address Send Date & Time Delivery Status helinda@bluecable.com 2016-08-2210:34:52 Delivered Fax Transmission ... .. __. __...... Fax Number Send Date & Time Tranmission Status (818)861-7259 2016-08-2211:35:53 Successful CALIFORNIA GRINDING SPECIALTIES, INC. DBA AUSTIN ENTERPRISE 13421 SNOW ROAD • BAKERSFIELD, CA, 93314 Cert. #13602 (Women -owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission.._ _._ .... ._. __ .... Email Address Send Date & Time Delivery Status paustin@austin-enterprise.com 2016-08-2210:34:52 Delivered Fax Transmission ._..._ _.... ......_. Fax Number Send Date & Time Tranmission Status (661) 589-9509 2016-08-22 11:36:56 Successful CALIFORNIA PROFESSIONAL ENGINEERING INC 929 OTTERBEIN AVENUE, UNIT E • LA PUENTE, CA, 91748 Cert. #31277 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission _ ... .... .. _.._. ._.. _....... Email Address Send Date &Time Delivery Status van@cpengineeringinc.com 2016-08-2210:34:52 Delivered Fax Transmission ... _....... __.... ........ _. Fax Number Send Date &Time Tranmission Status (626) 810-1322 2016-08-22 11:41:55 Successful https.//www.dbegoodfaith.com/submit_order/docs/solicitation_log.php?docs_adid=36120 218 8/24/2016 Soliciation Log I MACARTHUR BOULEVARD PAVEMENT REHABILITATION CALLAND ENGINEERING, INC 576 E. LAMBERT ROAD • BREA, CA, 92821 Cert. #40329 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email Address Send Date & Time Delivery Status lee@callandeng.com 2016-08-2210:34:52 Delivered Fax Transmission 2016-08-2210:34:52 Fax Number Send Date &Time Tranmission Status (714)671-1090 2016-08-2211:36:26 Successful COAST SURVEYING, INC 15031 PARKWAY LOOP, SUITE B • TUSTIN, CA, 92780 Cert. #2128 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission .... _.. .... _.... _. ..... Email Address Send Date & Time Delivery Status reel.delcastillo@coastsurvey.com 2016-08-2210:34:52 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (714) 918-6277 2016-08-22 11:36:28 Successful CODE PRECAST PRODUCTS, INC 1050 E. LOS ANGELES AVE • SHAFTER, CA, 93263 Cert. 415320 (Women -owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission _... .. Email Address Send Date & Time Delivery Status abran@codeprecast.com 2016-08-2210:34:52 Delivered Fax Transmission .-_ .._.. ........ ...... Fax Number Send Date & Time Tranmission Status (661)746-3716 2016-08-2211:35:50 Successful G & C EQUIPMENT CORP. 1875 W. REDONDO BEACH BLVD. #207 • GARDENA, CA, 90247 Cert. #820 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email Address Send Date & Time Delivery Status gene@gandccorp.com 2016-08-2210:34:52 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status https://,vww.dbegoodfaith.com/submit—order/dxs/solicitaton log.p1hp?docs—adid=36120 3/8 8/24/2016 Sdiciation Log i MACARTHUR BOULEVARD PAVEMENT REHABILITATION (310) 515-5046 2016-08-22 12:44:10 Successful G & G ELECTRIC INC 4229 GILES COURT • RIVERSIDE, CA, 92503 Cert. #41700 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Delivery Status grs@globalroadsealing.com Email Transmission... _.. ... _ ...... _....... _... __.. _.... Email Address Send Date &Time Delivery Status chvz_glbrt@yahoo.com 2016-08-2210:34:52 Delivered Fax Transmission Successful Fax Number Send Date & Time Tranmission Status (951)689-2694 2016-08-2211:35:54 Successful GLOBAL ROAD SEALING, INC 10832 DOROTHY AVE • GARDEN GROVE, CA, 92843 Cert. #31176 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission, ... ........ _. _... Email Address Send Date & Time Delivery Status grs@globalroadsealing.com 2016-08-2210:34:52 Delivered Fax Transmission .._ ..._....... Fax Number Send Date & Time Tranmission Status (714) 893-0945 2016-08-22 11:36:00 Successful GSJ UTILITY SUPPLY & SERVICE 14565 S. VALLEY VIEW AVENUE #Z• SANTA FE SPRINGS, CA, 90670 Cert. #38438 (Women -owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission .. ... ...... ._... .. Email Address Send Date & Time Delivery Status sandy@gsj-utility.com 2016-08-2210:34:52 Delivered Fax Transmission Fax Number (888) 356-1250 Send Date & Time Tranmission Status 2016-08-2211:35:59 Successful HERCON COMPANY, INC. 30211 AVENIDA DE LAS BANDERAS, STE 200 • RANCHO SANTA MARGARI, CA, 92688 Cert. #35158 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission.... Email Address Send Date & Time Delivery Status ahernandez@herconcompany.com 2016-08-2210:34:52 Delivered https://www.dbegoodfaith.com/submit order/docs/sol icitation_log.php?docs_adid=36120 4/8 8/24/2016 Soliciation Log I MACARTHUR BOULEVARD PAVEMENT REHABILITATION Fax Transmission Fax Number Send Date & Time Tranmission Status (949)216-9053 2016-08-2212:43:13 Failed INDUSTRIAL ELECTRICAL SERVICE 8710 MURIETTA AVENUE • PANORAMA CITY, CA, 91402 Cert. #36741 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email Address Send Date &Time Delivery Status davidvillalvazo@sbcglobal.net 2016-08-2210:34:52 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (818) 508-6031 2016-08-22 12:44:58 Failed KELSURVEYS INC 1740 E GARRY AVENUE STE.110 • SANTA ANA, CA, 92705 Cert. #34096 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email Address Send Date & Time Delivery Status kelvink@kelsurveys.com 2016-08-2210:34:52 Delivered Fax Transmission Fax Number Send Date &Time Tranmission Status (949) 660-1758 2016-08-22 11:36:25 Successful LOS ANGELES SIGNAL CONSTRUCTION, INC. 155 N. EUCLA - SAN DIMAS, CA, 91773 Cert. #35670 (Minority-owned) was identified in the California Unified Certification Program database on 08/222016. Email Transmission Email Address Send Date$Ti-me Delivery Status rartel02l3@aol.com 2016-08-2210:34:52 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (909)599-2722 2016-08-2211:37:48 Failed ONE TIME UTILITY SALES, INC 501 GARFIELD STREET • SANTA ANA, CA, 92701 Cert. #40854 (Minority-owned) was identified in the California Unified Certification Program database on 08222016. hitps:/hv-dbegoodfaith.com/submit_order/docs/solicitafion_log.php?docs adid=36120 518 8/24/2016 Soliciation Log I MACARTHUR BOULEVARD PAVEMENT REHABILITATION Email Transmission Email Address Send Date & Time Delivery Status bean@onetimeutility.com 2016-08-2210:34:52 Delivered Fax Transmission Email Address Send Date & Time Fax Number Send Date & Time Tranmission Status (714)953-5720 2016-08-2211:42:50 Successful PAYCO SPECIALTIES, INCORPORATED 120 NORTH SECOND AVE. • CHULA VISTA, CA, 91910 Cert. #102 (Women -owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission _.. .._. .. __. Email Address Send Date & Time Delivery Status rebecca@payco.biz 2016-08-2210:34:52 Delivered Fax Transmission .. _...._ .... __.. ._._ _. Fax Number Send Date & Time Tranmission Status (619) 427-1620 2016-08-22 11:36:08 Successful SADDLEBACK SURVEYS, INC. 23392 MADERO, SUITE C • MISSION VIEJO, CA, 92691 Cert. #38047 (Women -owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email Address Send Date & Time Delivery Status ktetreault@saddlebacksurveys.com 2016-08-2210:34:52 Delivered Fax Transmission .. ... _...... _. _ _ _. _.... Fax Number Send Date & Time Tranmission Status (949) 215-8631 2016-08-22 11:36:38 Successful SOUTHWEST CONTRACTING AND ELECTRIC INC 210 S HELIX AVE, APT L • SOLANA BEACH, CA, 92075 Cert. #41790 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission. _.. .... .._ .... .. Email Address Send Date &Time Delivery Status danielancona@yahoo.com 2016-08-2210:34:52 Bounced Fax Transmission Fax Number No Fax Number Send Date & Time Tranmission Status n/a n/a SUPER SEAL & STRIPE, INC 310 A STREET • FILLMORE, CA, 93015 https./Av w.dbegoodfaith.com/submit—order/docs/solicitabon Iog#p?docs_adid=36120 G]G1 8/24/2016 Soliciation Log I MACARTHUR BOULEVARD PAVEMENT REHABILITATION Cert. #2003 (Women -owned) was identified in the California Unified Certification Program database on 08/22/2016. Del(ven, Stares ..... Cert. #38033 (Women -owned) was identified in the Email Transmission 08/22/2016. Fax Transmission _.... __ Email Address Send Date & Time Delivery Status brenda@supersealandstripe.com 2016-08-2210:34:52 Delivered Fax Transmission ....... ....... ._... _. _. __.. ._ ..__ __.. Fax Number Send Date & Time Tranmission Status (805) 524-7428 2016-08-22 11:36:13 Successful TRAFFIC LOOPS CRACKFILLING, INC 1915 W BALL RD. • ANAHEIM, CA, 92804 ce^d Date a Time Del(ven, Stares ..... Cert. #38033 (Women -owned) was identified in the California Unified Certification Program database on 08/22/2016. Fax Transmission _.... __ . _ Email Transmission.... _... Fax Number _. Email Address Send Date & Time Delivery Status trafficloops@sbcglobal.net 2016-08-2210:34:52 Delivered Fax Transmission ...._ __ Fax Number Send Date & Time Tranmission Status (714) 520-4027 2016-08-22 11:36:17 Successful VT ELECTRIC, INC. 10825 VERNON AVE • ONTARIO, CA, 91762 Cert. 430828 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email!`.dllree.� ce^d Date a Time Del(ven, Stares ..... tony@vtelectric.net 2016-08-2210:34:52 Delivered Fax Transmission _.... __ . _ ... ...... Fax Number Send Date & Time Tranmission Status (909) 985-8186 2016-08-22 11:36:27 Successful WIRENET COMMUNICATIONS, INC 4355 E. AIRPORT DRIVE, STE 104 •ONTARIO, CA, 91761 Cert. #33077 (Minority-owned) was identified in the California Unified Certification Program database on 08/22/2016. Email Transmission Email Address Send Date & Time Delivery Status garreola@wirenetcomm.com 2016-08-2210:34:52 Delivered Fax Transmission .__... ..._.... _._ .... ...... ._ _.. Fax Number Send Date & Time Tranmission Status (909) 986-6490 2016-08-22 11:42:29 Successful hfps.//www.dbegoodfaith.com/submit_order/docslsolicitation_log.php?docs_adid=36120 7/8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON -DBE) PART I & PART II 39 9 uj1 wo Lu LIJ LIJ: U)�o C) Q CQ W 0 1� LL : nA 0 LD; j U- LL LL o k' i .0- E vl� q i 0oV4� a. • L) Qvi U) o C)O O Oo c C c oO 2 9 0 0 0 .0 .0 o o E E E E E E E E E E E E E E iav Lo C) U') LO 6, LO o LO LO LO C LO U) cD to Ln 03, U»6- 61) 6F� ca 61) v3 to 6» e» V V V V A v V V V A I VV V V A v v V V A < EIEIDEIN� 11DOOL11 EIEINEIII F-IOME]EI Ll !I C SX x 0 cc 0 z Z X LL IL -Y q,3 dY ii Sj -9 > 0 C CY CY m 0 0 CL E ca Z CO cum Cl) (b tr E Co qL) :8 - + CO co LLY, 453 Cu -0 c:c 21 1:3 9 & m §§%/\ §§/)/ §E8�© 0'C `E3G/ -- 7 % j\ ]\{{± -- {{{{\ {{{/\2{)/\ 3 m\\ % \ \ m Lo )) \ ��/ &&/// '2 \\ m @) c /\F1 /r /\$\ # S�\/n F / ) 7 % / { / e { 7) 7 m\\ % \ \ m m / ƒ 70/ % % ) ƒ0j m\\ m m m @) c e 2 [# » \ \ \ \ fs \ \ \ \ te e\ e G e o f ƒ 70/ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL5151 (0301 EXHIBIT 12-G REQUIRED FEDERAL -AID CONTRACT LANGUAGE 42 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language EXHIBIT 12-G REQUIRED FEDERAL -AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) The following language must be incorporated into all Local Assistance Federal -aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations. 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE).........................................................................2 A. DBE COMMITMENT SUBMITTAL..................................................................................2 B. GOOD FAITH EFFORTS SUBMITTAL..............................................................................3 C. EXHIBIT 15-G - CONSTRUCTION CONTRACT DBE COMMITMENT....................................4 D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS..................4 E. PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES.....................................4 2. BID OPENING..............................................................................................................................................5 3. BID RIGGING..............................................................................................................................................5 4. CONTRACT AWARD.................................................................................................................................5 5. CONTRACTOR LICENSE.........................................................................................................................5 6. CHANGED CONDITIONS.........................................................................................................................6 A. DIFFERING SITE CONDITION.......................................................................................6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER.................................................6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK...............................................6 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES................7 8. BUY AMERICA............................................................................................................................................7 FURNISH STEEL AND IRON MATERIALS TO BE INCORPORATED INTO THE WORK WITH CERTIFICATES OF COMPLIANCE. STEEL AND IRON MATERIALS MUST BE PRODUCED IN THE U.S. EXCEPT: ................................ 7 9. QUALITY ASSURANCE.............................................................................................................................8 10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS........................................8 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS ....... 9 12. FEMALE AND MINORITY GOALS..............................................................................18 13. FEDERAL TRAINEE PROGRAM........................................0...0.0....0.......00.0...................19 14. TITLE VI ASSURANCE. ... o.... o o o o. o o. o.. o ..... 000 ... o.o .... o .......... oo.o ...... 000.000..o ...... o.o ......... o.00.021 15. USE OF UNITED STATES -FLAG VESSELS....................................................................22 Page 1 of 24 July 2016 Local Assistance Procedures Manual 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) Under 49 CFR 26.13(b): Exhibit 12-G Required Federal -Aid Contract Language The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a goal for DBEs. Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: httn://www.dot.ca.gov/hg/bey/find certified.htm. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) through (4) and (6). a. DBECommitmentSubrnittal Submit the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the request. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid nonresponsive. Page 2 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language b. Good Faith Efforts Submittal If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met. Good faith efforts documentation must include the following inforination and supporting documents, as necessary: 1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with your own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms. 2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date assistance was provided. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the DBE goal. Page 3 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language c. Exhibit 15-G - Construction Contract DBE Commitment Complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the Agency encourages you to submit a copy of the joint venture agreement.) d. Subcontractor and Disadvantaged Business Enterprise Records Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE) and Exhibit 15-G Construction Contract DBE Commitment form unless you receive authorization for a substitution. The Agency requests the Contractor to: 1. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 1St -tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form. If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form. Submit the form within 30 days of contract acceptance. Upon work completion, complete Exhibit 17-F Final Report — Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. e. Performance of Disadvantaged Business Enterprises DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. Page 4 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials. 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from you to the DBE regarding the request. 3. Notices from the DBEs to you regarding the request. If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution. Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Exhibit 15-G Construction Contract DBE Commitment form unless it is performed or supplied by the listed DBE or an authorized substitute. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Bidders. 3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164). Page 5 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 6. CHANGED CONDITIONS a. Differing Site Conditions 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer 1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. c. Significant Changes in the Character of Work 1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis Page 6 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4. The term "significant change" shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the contract has been approved by the attorney appointed and authorized to represent the City of Newport Beach. This work shall be diligently prosecuted to completion before the expiration of 75 WORKING DAYS beginning on the fifteenth calendar day after approval of the contract. (Insert amount of Liquidated Damages) The Contractor shall pay to the City of Newport Beach the sum of $1,000 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. 8. BUY AMERICA Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes: 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. Page 7 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 9. QUALITY ASSURANCE The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. You may examine the records and reports of tests the Agency performs if they are available at the job site. Schedule work to allow time for QAP. 10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS (The local agency must include one of the following three provisions to ensure prompt and full payment of any retainage from the prime contractor, or subcontractor, to a subcontractor. Remove or strike out the methods not used.) Fra- W Ammi The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. Page 8 of 24 July 2016 - - 1111611 •_ _ _ 1�J�� %moi �l_•i.7� �.i�i�i�i��li�iit� _ Fra- W Ammi The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. Page 8 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 11. FORM FHWA-1.273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) [The following 10 pages must be physically inserted into the contract without modification.] Page 9 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) L GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form In each subcontract and further require its Inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included In all Federal -aid design -build contracts, in all subcontracts and In lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically Incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless It is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION FHWA-1273 -- Revised May 1, 2012 The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause In 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor Including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, pre -apprenticeship, and/or on- the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so Page 10 of 24 July 2016 Local Assistance Procedure Manual 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially Involved in such action, will be made fully cognizant of, and will Implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged In direct recruitment for the project will be instructed by the EEO Officer In the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will Include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women In the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will Identify sources of potential minority group employees, and establish with such Identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hail referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation Violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. Exhibit 12-G Required Federal -Aid Contract Language b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there Is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review Indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each Investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and Increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as Indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies In whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and Increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency Page 11 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal -Aid Contract Language and shall set forth what efforts have been made to obtain such Information. d. In the event the union Is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through Independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain quallfied and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall Immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants/ Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability In the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall lake all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements Is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to Increase employment opportunities for minorities and women; and (3) The progress and efforts being made In locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This Information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractors obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federalald highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations In 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rales 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. Page 12 of 24 July 2016 Local Assistance Procedure Manual Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(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 paragraph 1.d. of this section; 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(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) 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. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification In the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bearss-a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all Interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 - day period that additional time is necessary. Exhibit I2 -G Required Federal -Aid Contract Language (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, 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. c. 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. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part 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. 2. Withholding The contracting agency 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, the contracting agency may, after written notice to the contractor, 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. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and 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 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described In section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been 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. Page 13 of 24 July 2016 Local Assistance Procedure Manual b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(1), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually Identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted In any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/f`orrns/wh347instr.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 the contracting agency for transmission to the State DOT, the FHWA 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 section 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 the contracting agency.. (2) 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: (€) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (Ii) 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 Regulations, 29 CFR part 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. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) 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. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, 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, the FHWA may, after written notice to the contractor, the Exhibit 12-G Required Federal -Aid Contract Language contracting agency or the State DOT, 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 a. Apprentices (programs of the USDOL). 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. b. Trainees (programs of the USDOL). 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 Page 14 of 24 July 2016 Local Assistance Procedure Manual a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of 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. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO In connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 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 shall Insert Form FHWA-1273 in any subcontracts and also require the subcontractors to Include Form FHWA-1273 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 29 CFR 5.5. 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. Exhibit 12-G Required Federal -Aid Contract Language 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or fine Ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. 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). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract In an amount In excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. 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 shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty 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 forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, 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 paragraph (1.) of this section, 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 forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. Page 15 of 24 July 2016 Local Assistance Procedure Manual 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency 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 contractor, 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 paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage If specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor,. with or without operators. Such term does not Include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains•control over the supervision of the day -today activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude Individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. Exhibit 12-G Required Federal -Aid Contract Language 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work In accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract, 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or Investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these Page 16 of 24 July 2016 Local Assistance Procedure Manual and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where It is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, fine, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection With the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision Is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. Exhibit 12-G Required Federal -Aid Contract Language b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter Into this transaction. However, failure of the prospective first tier participant to fumish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification In this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that Its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. 'First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered Into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). I. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering Into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, In all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that Its principals are not suspended, debarred, or otherwise Ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (htms://www.gpls.eov/), which is compiled by the General Services Administration. 1. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good Page 17 of 24 July 2016 Local Assistance Procedure Manual Exhibit 12-G Required Federal -Aid Contract Language faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph (0 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that It and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this applicalion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "Ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered Into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause tilled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (hMm: /www.m1s.eov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 1. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, Including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. Page 18 of 24 July 2016 Local Assistance Procedure Manual 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm -LLL, "Disclosure Form to Report Lobbying," In accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Exhibit 12-G Required Federal -Aid Contract Language Page 19 of 24 July 2016 Local Assistance Procedures Manual 12. FEMALE AND MINORITY GOALS Exhibit 12-G Required Federal -Aid Contract Language To comply with Section 11, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area Goal ercent) Redding CA: 174 Non -SMSA (Standard Metropolitan Statistical Area) Counties: 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA 175 Non -SMSA Counties: 6.6 CA Del Norte; CA Humboldt; CA Trinity San Francisco -Oakland -San Jose, CA: SMSA Counties: 7120 Salinas -Seaside -Monterey, CA 28.9 CA Monterey 7360 San Francisco -Oakland 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA 176 CA Santa Clara, CA 19.6 7485 Santa Cruz, CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo -Fairfield -Napa, CA CA Napa; CA Solano 17.1 Non -SMSA Counties: CA Lake; CA Mendocino; CA San Benito 23.2 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA 16.1 177 CA Placer; CA Sacramento; CA Yolo Non -SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba Stockton -Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 178 CA Stanislaus 8120 Stockton, CA 24.3 CA San Joaquin Non -SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Page 20 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 179 Fresno -Bakersfield, CA SMSA Counties: 0680 Bakersfield, CA CA Kern 2840 Fresno, CA CA Fresno Non -SMSA Counties: CA Kings; CA Madera; CA Tulare 19.1 26.1 23.6 Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana -Garden Grove, CA 11.9 CA Orange 4480 Los Angeles -Long Beach, CA 28.3 CA Los Angeles 180 6000 Oxnard -Simi Valley -Ventura, CA 21.5 CA Ventura 6780 Riverside -San Bernardino -Ontario, CA 19.0 CA Riverside; CA San Bernardino 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7 CA Santa Barbara Non -SMSA Counties 24.6 CA In o; CA Mono; CA San Luis Obispo San Diego, CA: SMSA Counties 181 7320 San Diego, CA 16.9 CA San Diego Non -SMSA Counties 18.2 CA Imperial For the last full week July during which work is performed under the contract, you and each non material - supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR -1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees or apprentices is 0 This section applies if a number of trainees or apprentices is specified in the special provisions. As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Page 21 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Before starting work, submit to the City/County of 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City/County's of approval for this submitted information before you start work. The City/County of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward j ourneymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met: 1. It is calculated to: ■ Meet the your equal employment opportunity responsibilities ■ Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal -aid highway construction contracts Obtain the State's approval for your training program before you start work involving the classification covered by the program. Provide training in the construction crafts, not in clerk -typist or secretarial -type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City/County of reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal -aid project and you do at least one of the following: ■ Contribute to the cost of the training ■ Provide the instruction to the apprentice or trainee ■ Pay the apprentice's or trainee's wages during the off-site training period Page 22 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 3. If you comply this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee: 1. Copy of the program you will comply with in providing the training 2. Certification showing the type and length of training satisfactorily completed 14. TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement: (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. Page 23 of 24 July 2016 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 15. USE OF UNITED STATES -FLAG VESSELS The CONTRACTOR agrees - 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION Page 24 of 24 July 2016 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 1030) EXHIBIT 16-B SUBCONTRACTING REQUEST DC -CEM -1201 (REV. 4/94) (OLD HC -45) CT# 7541-3514-7 m Local Assistance Procedures Manual Subcontracting Request STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION SUBCONTRACTING REQUEST DC -CEM -1201 (REV. 4/94) (OLD HC -45) CT# 7541-3514-7 EXHIBIT 16-B FRONT See Instructions On Back REQUEST NUMBER TBD CONTRACTOR NAME COUNTY ROUTE Hardy & Harper, Inc Orange TBD BUSINESS ADDRESS CONTRACT NO. 1312 E. Warner Ave -13D CITY/STATE ZIP CODE FEDERAL AID PROJECT NO. (From Special Santa Ana, CAProvisions) 92705 STPL-5151 (030 ) SUBCONTRACTOR BID TEEM %OFBID CHECKIF: DESCRIBE WORK WHEN $AMOUNT (Name, Busineaa Address, Phone) NUMBER(S) ITEM (See Categories Below) LESS THAN 100% OF BASED ON SUBBED 1) (2) (3 WORK IS SUBBED BID S AMOUNT ;DUVM 61as #l6 21- F3(tAksBon 34tow.Va W•#IgZ 19 2/. ✓ TVQMC' 9o�s Sol 648.�' � �M cTtet l7 ✓ Nanttote asl tso 4tP"`l �or #23 41• ✓ Categones: 1) Specialty 2) Listed Under Fair Practices Act 3) Certified DBE/MBE/WBE/D E I Certify That: • The Standard Provisions for labor set forth in the contract apply to the subcontracted work. inserted in the subcontracts and shall be incorporated in any lower -tier subcontract. Written contracts have been executed for the above noted subcontracted work. NOTE: This section is to be completed by the Resident Engineer 1. Total of bid items 2. Specialty items (previously requested)................................................................. $ O 3. Specialty items (this request)............................................................................... $ 0 4. Total (lines 2+3). ............................ -.................................................................... $ C2 5. Contractor must perform with own forces (lines 1 minus 4) x 50 % ................................... 6. Bid items previously subcontracted ........................................ ............... .............. $O�r�q��qg 7. Bid items subcontracted ( this request)................................................................ $ 8. Total (lines 6+7) ......... ........................................................ ................ ......_......... $151, 74 9. Balance of work Contractor to perform (lines 1 minus8).................................... $ ......$ it-� RESIDENT ENGINEER'S SIGNATURE DATE g� G6 3. Copy - local agency Labor Compliance Officer 4. Contractor's Gdbrmation Copy EXHIBIT 16-B Local Assistance Procedures Manual Subcontracting Request Back INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All First-tier subcontractors must be included on a subcontracting request. Submit in accordance with Section 8-1.01 of the Caltrans Standard Specifications. Type or print requested information. Information copy is to be retained by the contractor. Submit other copies to project's Resident Engineer. After approval, the original will be returned to the contractor. When an entire item is subcontracted, the value to be shown is the contractor's bid price. When a portion of an item is subcontracted, describe the portion, and show the % of bid item and value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS. Prior to submittal of Form CEM -1201 involving a replacement Subcontractor, submit a separate written request for approval to substitute a listed subcontractor. Section 4107 of the Government Code covers the conditions for substitution. Submit a separate written request for approval of any DBE/MBE/WBE/DVBE snb�tit�rtion. Inch!de approrrigte hscla!n inforTation and �tatP u.t Tt effC',s *,ere made to accomplish the same dollar value of work by other certified DBE/MBE/WBE/DVBEs. NOTE: For contractors who will be performing work on railroad property, it is necessary for the contractor to complete and submit the Certificate of Insurance (State Form DH -OS -A l0A) naming the subcontractor as insured. No work shall be allowed which involves encroachment on railroad property until the specified insurance has been approved. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Date of Last Revision: May 1, 2012 The Bidder hereby declares that FHWA-1273, Required Contract Provisions: Federal -Aid Construction Contracts has been received and reviewed as part of this NOTICE INVITING BIDS. The above certification is part of the Proposal. Signing this Proposal on the signature portion t shall als onstitut signature of this Certification. By: Date: 8/22/16 Name: Steve Kirschner Title: vice President M CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) FEDERAL WAGE DETERMINATIONS DAVIS BACON (DB) WAGE DETERMINATIONS General Decision Number: CA160035 01/15/2016 CA35 The Bidder hereby declares that the Davis Bacon (DB) Wage Determinations have been received and reviewed as part of this NOTICE INVITING BIDS. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature o thereof hall also constitute signature of this Certification. By: 5 Date: 8/22/16 Name: Steve Kirschner Title: Vice President 47 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 5870 STPL-5151 (030) DLA -OB 16-01 - Implementation of Cargo Preference Act Requirements The Cargo Preference Act (CPA) requires that "... at least 50 percent of any equipment, materials, or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States -flag commercial vessels, if available." On January 7, 2016, the Federal Highway Administration (FHWA) advised Caltrans on the applicability of the CPA and implementing regulations (46 CFR 381) to the Federal -aid highway program. FHWA will use notice and comment rulemaking to implement appropriate contract clauses in the next revision of Form FHWA-1273 "Required Contract Provisions Federal -Aid Construction Contracts." All local agencies must include the following contract clause (either directly or by reference) in all Federal -aid contracts awarded after February 15, 2016: Use of United States flag vessels: The contractor agrees — (1) To utilize privately owned United State flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for Unites States flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, `on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. 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 WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE 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-Casualtv. 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. 50 CITY CLERK MACARTHUR BOULEVARD PAVEMENT REHABILITATION FEDERAL PROJECT NO. STPL-5151 (030) CONTRACT NO. 5870 RECElvsC FSp 15 2015 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of September, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HARDY & HARPER, INC., a California corporation ("Contractor"), whose address is 1312 East Warner Avenue, Santa Ana, California 92705, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this Contract consists of mobilization, traffic control, construction notification, curb and gutter, sidewalk, curb ramps, and roadway resurfacing, and complete all other items of work as required in place (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. 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 Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Insurance requirements (Exhibit C), State of California, Department of Transportation Subcontracting Request Form 16-B (Exhibit D), Required Contract Provisions Federal -Aid Construction Contracts FHWA-1273 (Exhibit E), Davis -Bacon ("DB") Federal Wage Determinations (Exhibit F), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5870, 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"), all of which are incorporated herein by reference. 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. 2. 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. 3. COMPENSATION 3.1 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 One Million Nine Hundred Nineteen Thousand and 001100 Dollars ($1,919,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Michael Amundson to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Hardy & Harper, Inc. Page 2 6. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Steve Kirschner Hardy & Harper, Inc. 1312 East Warner Avenue Santa Ana, CA 92705 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Hardy & Harper, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a 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. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. 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 Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Hardy & Harper, Inc. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship Hardy & Harper, Inc. Page 5 between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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 and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (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, attorneys' 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, reckless, 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 for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and Hardy & Harper, Inc. Page 6 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 Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 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. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. Hardy & Harper, Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. Hardy & Harper, Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. 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. 22. 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Hardy & Harper, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 9l7/16 By:--�� Aaron C. Harp 090 Ib City Attorney ATTEST: Date: I By: r - Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California muni i al orpor for Date: /(g By: Diane B. Dixon Mayor CONTRACTOR: HARDY & HARPER, INC., a California corporation Date: -T/z.1/(1. By: Steve Kirschner Vice President Date: '?/ Z' 1 //L By: 2 Kristen S. Palulino Secretary [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Exhibit D — State of California, Department of Transportation Subcontracting Request Form 16-B Exhibit E — Required Contract Provisions Federal -Aid Construction Contracts FHWA-1273 Exhibit F — Davis -Bacon ("DB") Federal Wage Determinations Hardy & Harper, Inc. Page 10 This bond was executed in two (2) identical counterparts. CITY OF NEWPORT BEACH BOND NO. 7650875 LABOR AND MATERIALS PAYMENT BOND THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE WHEREAS, the City of Newport Beach, State of California, has awarded to HARDY & HARPER, INC., hereinafter designated as the "Principal," a contract for the mobilization, traffic control, construction notification, curb and gutter, sidewalk, curb ramps, and roadway resurfacing, and complete all other items of work as required in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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 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, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of * Dollars and _1100 (5;1,919,000.00 ) 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. *One Million Nine Hundred Nineteen Thousand and 00/100 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 Hardy & Harper, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 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 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 16th day of September , 20 16 Hardy & Harper, Inc. Name of Contractor (Principal) Au orized Signature/Title Steve Kirschner - vice President e - Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone APPROVED AS TO FORM: CITY ATTOR�IE 'S OFFICE Date: 4 3 By. 'tom Aaron C. Harp a.M 0111Vliv City Attorney Authorized Agent Signature Dwight Reilly, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED Hardy & Harper, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 - s- isiCXS6Y�.LS"�Ct.X.a�(`,cY`cN: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On September 16 2016 before me, Tina Pham Notary Public Date Here Insert Name and Title of the Officer personally appeared of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(x) whose name(X) is/axe subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(i0t), and that by his/hpar/their signature( on the instrument the person(*, or the entity upon behalf of which the person(x) acted, executed the instrument. Place Notary Seal Above 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 Sign ture of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor & Materials Payment Bond Document Date: September 16 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner © Corporate Officer — Title(s): mnp Prpciripnt ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 PHAM COMM.#2149384 n 0TINA ''"%m• -are g Notary Public -California N C ORANGE COUNTY a ' MY Comm. Expires Apr 17, 2020 Place Notary Seal Above 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 Sign ture of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor & Materials Payment Bond Document Date: September 16 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner © Corporate Officer — Title(s): mnp Prpciripnt ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) ss. On September 16 2016 before me, Susan Pugh Notary Public, personally appeared DwightReilly proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 seal. Signatpre Susan Pugh SUSAN PUGH N COMM. #2105405 n Notary Public -California ORANGE COUNTY LL (seal) l Comm. Expires Apr 29, 2019 X Hardy & Harper, Inc. Page A-3 Bond No. 7650875 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act. and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2016. ATTEST: Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND cru vsrosr a�r'�tru-qv�'�t 88AL r i t° +d ym: o �o� to o= zk ,eaeJV Vice President Michael Bond State of Maryland County of Baltimore On this 9th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. umlry, Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 012-00796 This bond was executed in two (2) EXHIBIT B identical counterparts. CITY OF NEWPORT BEACH BOND NO. 7650875 FAITHFUL PERFORMANCE BOND THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE The premium charges on this Bond is $ 9,730.00 , being at the rate of $ 7.26 / $5.34 / $4.84 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to HARDY & HARPER, INC., hereinafter designated as the "Principal," a contract for the mobilization, traffic control, construction notification, curb and gutter, sidewalk, curb ramps, and roadway resurfacing, and complete all other items of work as required in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland , 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 * Dollars and _/100 (81,919,000.00 ) 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 bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. *One Million Nine Hundred Nineteen Thousand and 00/100 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. 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Hardy & Harper, Inc. Page B-1 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 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 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 Principal and Surety above named, on the 16th da Hardy & Harper, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 10/3//6 By: ter/ Aaron C. Harp wM oviel'u City Attorney been duly executed by the er — Vice President Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Hardy & Harper, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On September 16 2016 before me, Tina Pham Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(x) whose name(3O is/axe subscribed to the within instrument and acknowledged to me that he/s6fe/they executed the same in his/hoer/their authorized capacity(i(M), and that by his/hsr/their signature(g) on the instrument the person($), Or the entity upon behalf of which the person(x) acted, executed the instrument. TINA PHAM I( COMM. ft21493S4 H ' Z,'�otary Public-0California C 'ORANGE COUNTY a omm. Expires Apr 17.2020 Place Notary Seal Above 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. M Signature_ Sign tune of Notary Public OPTIONAL Though this section is,optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: September 16 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner © Corporate Officer — Title(s): vire Prac7lonr ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of Orange ) ss. On September 16 , 2016 before me, Susan Pugh Notary Public, personally appeared Dwight Reilly proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 seal. SUSAN PUGH K COP+iM 1t2105405 Notary pLq)jtC-(;ajjfoTnia m Signature Susan Pugh ORANGE COUNlY `-; �tryComm V.xpjrH�Apr23 2019 (seal) Hardy & Harper, Inc. Page B-3 Bond No. 7650875 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hercof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2016. ATTEST: W- >&' 'I)" " o ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 6AL . _• n5 �p rase �gP o4 s�b��ri�a�a� Secretary Vice President Eric D. Barnes Michael Bond State of Maryland County of Baltimore On this 9th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally (mown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written POA -F 012-0079B •':5.9Y `,J icy �. �rgnnmpo•• Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 012-0079B EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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 Contract, 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. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee 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. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. 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 Hardy & Harper, Inc. Page C-1 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). C. 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 Contractor arising out of or in connection with Work to be performed under this Contract, 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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 subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Hardy & Harper, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file 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. B. 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 Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. 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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage Hardy & Harper, Inc. Page C-3 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. 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 Contract, 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. H. 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 Contract, 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. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Hardy & Harper, Inc. Page C-4 shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Hardy & Harper, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 9/22/16 Dept./Contact Received From: Raymund Date Completed: 9/22/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Hardy & Harper Inc. Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12/31/15-12/31/16 A. INSURANCE COMPANY: First Mercury Insurance Co. B. AM BEST RATING (A-: VII or greater): A: XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes E No D. LIMITS (Must be $1M or greater): What is limit provided? 1M/2M/2M E. ADDITIONAL INSURED ENDORSEMENT — please attach E 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) ® 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) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E 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 E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 A. INSURANCE COMPANY: Zurich American Ins Co B. AM BEST RATING (A-: VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M 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): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16 A. INSURANCE COMPANY: Zurich American Ins Co B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $11M or greater) 1M 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 ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: ( - Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 9/22/16 Date 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: Risk Management approval needed due to GL carrier (First Mercury Insurance Co.) being non -admitted Sheri approved 9/21/16. Approved: Risk Management Subject to the terms of the contract. Date EXHIBIT D State of California, Department of Transportation Subcontracting Request Form 16-B Hardy & Harper, Inc. Page D-1 Local Assistance Procedures Manual EXHIBIT 16-B SUBCONTRACTING REQUEST Exhibit 16-B Subcontracting Request CONTRACTOR NAME PROJECT LOCATION BUSINESS ADDRESS CONTRACT NUMBER CITYANDSTATE ZIP CODE FEDERAL -AID PROJECT NUMBER SUBCONTRACTORDOLLAR (NAME, BUSINESS ADDRESS, PHONE) BID ITEM NUMBER(S) PERCENTAGE OF BID ITEM SUBCONTRACTOR CHECKIF (SEE CATEGORY BELOW) 1 2 3 DESCRIBE WORK WHEN LESS THAN 100% OFWORK IS SUBCONTRACTED AMOUNT BASED ON THE BID AMOUNT Categories: 1. Specialty 2. Listed Under Fair Practice Act 3. Certified DBE I certify that: • The provisions for labor set forth in the contract apply to the subcontracted work. • If applicable, special provisions for federal requirements have been inserted into the subcontracts and should be incorporated In any lower -tier subcontract Written contracts have been executed for the above noted subcontracted work. This section is to be completed by the resident engineer. 1. Total of bid items 2. Specialty items previously approvied (if applicable, see note in the Instructions) 3. Specialty items this request (if applicasble, see note in the instructions) 4. Total (lines 2 + 3) S. Contractor must preform with own forces (lines 1 minus 4) x % 6. Bid item previously subcontracted 7. Bid item subcontractor (this request) 8. Total (lines 6 + 7) 9. Balance of work contractor to preform (lines 1 minus 6) DISTRIBUTION: Original— Contractor, Copy— Resident Engineer Page 1 of 2 July 2016 Local Assistance Procedures Manual Exhibit 16-B Subcontracting Request INSTRUCTIONS All first-tier subcontractors must be included on a subcontracting request. Before subcontracting work starts, the contractor will submit an original subcontracting request (Exhibit 16-B) in accordance with contract specifications. After approval, the RE returns the original to the contractor and completes the remaining distribution as listed on the bottom of the form. When an entire item is subcontracted, show the contractor's bid price. When a portion of an item is subcontracted, describe the portion and show the percentage of the bid item and value. This form is not be used for substitutions of subcontractors and DBEs. Page 2 of 2 July 2016 EXHIBIT E Required Contract Provisions Federal -Aid Construction Contracts FHWA-1273 Hardy & Harper, Inc. Page E-1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General ll. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements A. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) L GENERAL 1. Forth FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this forth in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Forth FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractors own organization and with the assistance of workers under the contractors immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. If. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of Its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other fortes of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO. program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discriminafion may affect persons other than the complainant, such comective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade orjob classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. B. Reasonable Accommodation for Applicants I Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DRE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the numberof minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Forth FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of tabor 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 1(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 paragraph IA. of this section; 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 paragraph 1.1b. of this section) 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. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, 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. c. 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. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part 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. 2. Withholding The contracting agency 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, the contracting agency may, after written notice to the contractor, 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. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a pedod 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 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 xiv) that the wages of any laborer or mechanic induce the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(bx2XB) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been 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. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(ax3)(i), except that full social secudty numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esaAvhd/formsAvh347!nstr.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 the contracting agency for transmission to the State DOT, the FHWA 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 section 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 the contracting agency.. (2) 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: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (ax3xii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (ax3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) 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 Regulations, 29 CFR part 3; (iii) 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. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) 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. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, 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, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, 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 a. Apprentices (programs of the USDOL). 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. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees wit not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of 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. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 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 shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 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 29 CFR 5.5. 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's fine 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(ax1). b. 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). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V'CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. 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 shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty 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 forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, 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 paragraph (1.) of this section, 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 forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency 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 contractor, 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 paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day -today activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be constmed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and prolective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Forth FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more— as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred;' "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded,' as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first der participant further agrees by submitting this proposal that it will include the clause titled 'Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions,' provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower der covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check. the Excluded Parties List System website (httos://www.eols.00v/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (0 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, Including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. J. The terms "covered transaction," "debarred," "suspended, " "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.eols.aov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Forth to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A- EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1 W5. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work,. shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Davis -Bacon ("DB") Federal Wage Determinations Hardy & Harper, Inc. Page F-1 General Decision Number: CA160035 08/12/2016 CA35 Superseded General Decision Number: CA20150035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number 0 1 2 3 9 5 6 7 8 9 ASBE0005-002 07/01/2015 Publication Date 01/08/2016 01/15/2016 02/19/2016 02/26/2016 03/04/2016 04/01/2016 05/20/2016 07/08/2016 07/22/2016 08/12/2016 Rates Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 36.74 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ........................... $ 25.38 Fringes 19.49 16.81 Page 1 of 26 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 ASBE0005-004 06/29/2015 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 18.06 10.57 * BRCA0004-010 05/01/2016 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 37.93 14.94 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2014 Rates MARBLE FINISHER ..................$ 28.45 TILE FINISHER ....................$ 23.78 TILE LAYER .......................$ 35.14 ---------------------------------------- ERCA0018-010 09/01/2013 Rates TERRAZZO FINISHER ................$ 26.59 TERRAZZO WORKER/SETTER ........... $ 33.63 ---------------------------------------- CARP0409-001 07/01/2015 Rates CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 39.83 (2) Millwright ..............$ 40.90 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 40.53 ------------------ Fringes 11.38 9.84 14.33 ------------------ Fringes 10.34 11.13 ------------------ Fringes 11.58 11.58 11.58 Page 2 of 26 http://www.wdol.gov/wdol/seafiles/davisbacon/ca35.dvb 08/12/2016 Page 3 of 26 (4) Pneumatic Nailer, Power Stapler ...............$ 37.60 11.58 (5) Sawfiler...............$ 37.44 11.58 (6) Scaffold Builder ....... $ 28.55 11.58 (7) Table Power Saw Operator ....................$ 37.45 11.58 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0409-005 07/01/2015 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 40.40 15.03 STOCKER/SCRAPPER............ $ 10.00 7.17 ------------------------------------------------------------ CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer ...... $ 17.00 7.41 ---------------------------------------------------------------- ELEC0011-002 12/28/2015 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 30.73 14.00 Technician ..................$ 30.10 12.48 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 4 of 26 Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEC0441-001 02/09/2016 Rates Fringes CABLE SPLICER ....................$ 77.29 17.13 ELECTRICIAN ......................$ 42.34 17.07 * ELEC0441-003 12/28/2015 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 31.32 12.32 Technician ..................$ 31.23 15.39 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background -Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low -Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems -installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 5 of 26 E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms -Open Wire Systems: installed by the Technician. ELEC0441-004 02/09/2016 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer/Fiber Optic Splicer .....................$ 42.94 17.09 Electrician .................$ 42.34 17.07 Technician ..................$ 31.76 16.75 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical htt4)://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/20I6 systems including interconnect, dector loop, fiber optic cable and video/data. ------------------------ ELEC1245-001 06/01/2015 Rates LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 52.85 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) ........... $ 42.21 (3) Groundman...............$ 32.28 (4) Powderman...............$ 47.19 Fringes 15.53 14.32 14.03 14.60 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2015 Rates Fringes ELEVATOR MECHANIC ................$ 49.90 28.38 FOOTNOTE: PAID VACATION: Employer contributes 88 of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 68 for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ------------------------ ENGI0012-003 07/06/2015 Rates OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ 39.95 GROUP 2 ....................$ 40.73 GROUP 3 ....................$ 41.02 GROUP 4 ....................$ 42.51 GROUP 5 ....................$ 41.86 GROUP 6 ....................$ 41.83 GROUP 8 ....................$ 42.84 GROUP 9 ....................$ 42.19 GROUP 10 ....................$ 42.96 GROUP 11 ....................$ 42.31 GROUP 12 ....................$ 43.13 GROUP 13 ....................$ 43.23 GROUP 14 ....................$ 43.26 Fringes 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 Page 6 of 26 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 7 of 26 GROUP 15 ....................$ 43.34 23.35 GROUP 16 ....................$ 43.46 23.35 GROUP 17 ....................$ 43.63 23.35 GROUP 18 ....................$ 43.73 23.35 GROUP 19 ....................$ 43.84 23.35 GROUP 20 ....................$ 43.96 23.35 GROUP 21 ....................$ 44.13 23.35 GROUP 22 ....................$ 44.23 23.35 GROUP 23 ....................$ 44.34 23.35 GROUP 24 ....................$ 44.46 23.35 GROUP 25 ....................$ 44.63 23.35 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 41.30 23.35 GROUP 2 ....................$ 42.08 23.35 GROUP 3 ....................$ 42.37 23.35 GROUP 4 ....................$ 42.51 23.35 GROUP 5 ....................$ 42.73 23.35 GROUP 6 ....................$ 42.84 23.35 GROUP 7 ....................$ 42.96 23.35 GROUP 8 ....................$ 43.13 23.35 GROUP 9 ....................$ 43.30 23.35 GROUP 10 ....................$ 44.30 23.35 GROUP 11 ....................$ 45.30 23.35 GROUP 12 ....................$ 46.30 23.35 GROUP 13 ....................$ 47.30 23.35 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 ....................$ 41.80 23.35 GROUP 2 ....................$ 42.58 23.35 GROUP 3 ....................$ 42.87 23.35 GROUP 4 ....................$ 43.01 23.35 GROUP 5 ....................$ 43.23 23.35 GROUP 6 ....................$ 43.34 23.35 GROUP 7 ....................$ 43.46 23.35 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 8 of 26 GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes load, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra -hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and http://www.wdol.gov/wdol/scafilea/davisbacon/ca35.dvb 08/12/2016 Page 9 of 26 including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Rackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types -Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 10 of 26 and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) httpJ/www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 11 of 26 GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes Toed, lull or similar types) GROUP 2: Truck crane oiler http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 12 of 26 GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 13 of 26 operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Rackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MUM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MUM. Continue W along the Inyo and Kern County boundary until the intersection.with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM, Continue S following R32E lines to the NW corner of T31S, R32E, MUM. Continue W to the NW corner of T31S, R31E, http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 14 of 26 MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, RIE, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of TIS, RIE, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of TIS, RIDE, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of 712N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T328, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page IS of 26 That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TION, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MUM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MUM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MUM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MUM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MUM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGIO012-004 08/01/2015 IRON0377-002 07/01/2016 Rates Fringes Ironworkers: Fence Erector ...............$ 28.33 20.64 Ornamental, Reinforcing and Structural ..............$ 34.75 29.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, http://www.wdol.gov/wdol/scafdes/davisbacon/ca35.dvb 08/12/2016 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 49.50 23.60 (2) Dredge dozer ............ $ 43.53 23.60 (3) Deckmate................$ 43.42 23.60 (4) Winch operator (stern winch on dredge) ............ $ 42.87 23.60 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 42.33 23.60 (6) Barge Mate ..............$ 42.94 23.60 IRON0377-002 07/01/2016 Rates Fringes Ironworkers: Fence Erector ...............$ 28.33 20.64 Ornamental, Reinforcing and Structural ..............$ 34.75 29.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, http://www.wdol.gov/wdol/scafdes/davisbacon/ca35.dvb 08/12/2016 Page 16 of 26 Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00300-005 01/01/2016 Rates Fringes Asbestos Removal Laborer ......... $ 30.43 16.07 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB00345-001 07/03/2016 Rates Fringes LABORER (GUNITE) GROUP 1 .....................$ 37.89 20.50 GROUP 2 .....................$ 36.94 20.50 GROUP 3 .....................$ 33.90 20.50 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 17 of 26 GROUP 3: Reboundmen LABOO652-001 07/04/2016 LABORER (TUNNEL) GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ GROUP 4 .....................$ LABORER GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ GROUP 4 .....................$ GROUP 5..... .................$ LABORER CLASSIFICATIONS Rates Fringes 38.09 19.07 38.41 19.07 38.87 19.07 39.56 19.07 32.34 19.07 32.89 19.07 33.44 19.07 34.99 19.07 35.34 19.07 GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 18 of 26 longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of Joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader bttp://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 19 of 26 GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work * LAB00652-003 07/01/2016 Rates Fringes Brick Tender .....................$ 30.52 18.56 LABO1184-001 07/04/2016 GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation http://www.wdol.gov/wdol/Scafiles/davisbacon/ca35.dvb 08/12/2016 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 33.65 13.95 (2) Vehicle Operator/Hauler.$ 33.82 13.95 (3) Horizontal Directional Drill Operator ..............$ 35.67 13.95 (4) Electronic Tracking Locator ....... ............$ 37.67 13.95 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 .....................$ 34.86 17.03 GROUP 2 .....................$ 36.16 17.03 GROUP 3 .....................$ 38.17 17.03 GROUP 4 .....................$ 39.91 17.03 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation http://www.wdol.gov/wdol/Scafiles/davisbacon/ca35.dvb 08/12/2016 Page 20 of 26 (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment LABO1414-001 08/05/2015 Rates Fringes LABORER PLASTER CLEAN-UP LABORER .... $ 30.16 17.11 PLASTER TENDER ..............$ 32.71 17.11 Work on a swing stage scaffold: $1.00 per hour additional. PAIN0036-001 07/01/2015 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 27.29 12.83 (2) All Other Work .......... $ 30.72 12.83 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ----------------------- PAIN0036-008 10/01/2015 Rates DRYWALL FINISHER/TAPER ........... $ 36.18 PAIN0036-015 06/01/2016 Rates GLAZIER ..........................$ 41.70 ----------------- Fringes 16.82 ----------------- Fringes 21.13 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ----------------------- PAIN1247-002 01/01/2016 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 21 of 26 Rates Fringes SOFT FLOOR LAYER .................$ 29.85 14.01 ---------------------------------------------------------- PLAS0200-009 08/05/2015 Rates Fringes PLASTERER ........................$ 38.44 13.77 ---------------------------------------------------------------- PLAS0500-002 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 33.30 23.33 ---------------------------------------------------------------- PLUM0016-001 07/01/2015 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 29.27 19.75 Sewer & Storm Drain Work .... $ 33.24 17.13 --------------------------------------------------------- * ROOF0036-002 08/01/2015 Rates Fringes ROOFER ...........................$ 35.07 14.40 FOOTNOTE: Pitch premium: Work on which employees are exposed http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work .......................$ 45.96 20.71 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 44.54 19.73 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ ---------------------------------------------------------------- 35.16 18.06 PLUM0345-001 07/01/2014 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 29.27 19.75 Sewer & Storm Drain Work .... $ 33.24 17.13 --------------------------------------------------------- * ROOF0036-002 08/01/2015 Rates Fringes ROOFER ...........................$ 35.07 14.40 FOOTNOTE: Pitch premium: Work on which employees are exposed http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 22 of 26 to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. --------------------------------------------------------------- SFCA0669-008 01/01/2016 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 35.57 20.27 --------------------------------------------------------- SFCA0709-003 07/01/2015 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 42.93 24.04 --------------------------------------------------------- SHEE0105-003 07/01/2016 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work ........................$ 41.86 26.88 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... ---------------------------------------------------------------- $ 41.86 26.88 TEAM0011-002 07/01/2015 Rates Fringes TRUCK DRIVER GROUP 1 ....................$ 28.24 25.24 GROUP 2 ....................$ 28.39 25.24 GROUP 3 ....................$ 28.52 25.24 GROUP 4 ....................$ 28.71 25.24 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 23 of 26 GROUP 5 ....................$ 28.74 25.24 GROUP 6 ....................$ 28.77 25.24 GROUP 7 ....................$ 29.02 25.24 GROUP 8 ....................$ 29.27 25.24 GROUP 9 ....................$ 29.47 25.24 GROUP 10 ....................$ 29.77 25.24 GROUP 11 ....................$ 30.27 25.24 GROUP 12 ....................$ 30.70 25.24 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFS, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 24 of 26 when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 25 of 26 calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1008 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page 26 of 26 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 9.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 08/12/2016 Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 MACARTHUR BOULEVARD PAVEMENT REHABILITATION FEDERAL PROJECT NO. STPL-5151 (030) Contract No. 5870 DATE: %'- ;'4 BY: Public Works Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. Changes affected by this Addendum A. PREVAILING WAGE RATES The prevailing wage rates have been updated. By signing Addendum No. 1, the Bidder certified that he/she has reviewed and is aware of the updated wage rates and has included the cost of the current wage rates in the unit bid prices. Attached is copy of the most current wage rates (08/1212096) which were downloaded and printed, replacing Page 47 and wage sheets 1-26. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. ttayd-I j oarm, Inc - Bidder's Name (Please Print) s1evE trschnin--v restdfV1+ Authorized Signature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD PAVEMENT REHABILITATION CONTRACT NO, 5870 STPL-5151 (030) PROPOSAL (Contractor shall submit proposals via the Bid Items contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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 furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5870 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: 8/22/16 Date 714-444-1851/714-444-2801 Bidder's Telephone and Fax Numbers 215952; A, C-8, C12 Bidder's License No(s). and Classification(s) Hardy c Harper, Inc i Bidder's Authorized Signature and Title Steve Kirschner - Vice President 1312 E. Warner Ave., Santa Ana, CA 92705 Bidder's Address Bidder's email address: skirschner@hardyandharper.com PR -1 City of Newport Beach Page 1 MACARTHUR BOULEVARD PAVEMENT REHABILITATION STPL-5151(030) (C-5870), bidding on August 23, 2016 10:00 Printed 08/25/2016 Bid Results Bidder Details Vendor Name Hardy & Harper, Inc. Address 1312 East Warner Ave Santa Ana, CA 92705 United States Respondee Tina Pham Respondee Title Bid Coordinator Phone 714-444-1851 Ext. Email tpham@hardyandharpeccom Vendor Type License # CA DIR Bid Detail Bid Format Electronic Submitted August 23, 20169:30:34 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 87116 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal NEWPORT BEACH BID.pdf Bid Submittal Subcontractors Sub.pdf Designation of Subcontractors - signed copy Bid Bond Bidders Bond.pdf Bid Bond Line Items Type Item Code LOM City Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $39,000.00 $39,000.00 2 Traffic Control LS 1 $123,000.00 $123,000.00 3 Surveying Services LS 1 $13,000.00 $13,000.00 4 Remove and Replace with New Survey Monument Cover to Grade EA 3 $1,500.00 $4,500.00 5 Excavation CY 1500 $39.00 $58,500.00 PlanetBids, Inc. City of Newport Beach Page 2 MACARTHUR BOULEVARD PAVEMENT REHABILITATION STPL-5151(030) (C-5870), bidding on August 23, 2016 10:00 Printed 08/25/2016 Bid Results Type Item Code UOM City Unit Price Line Total Comment 6 AC Base Course TON 3050 $73.37 $223,778.50 7 Cold Mill AC Pavement SF 1080000 $0.11 $118,800.00 8 ARAM Overlay TON 13520 $73.37 $991,962.40 9 Remove and Reconstruct Curb & Gutter LF 100 $100.00 $10,000.00 10 Remove and Reconstruct Sidewalk SF 2700 $8.58 $23,166.00 11 Remove and Reconstruct Curb Amass Ramp EA 11 $3,900.00 $42,900.00 12 Retrofit Existing Ramp with Detectable Warning Surface SF 350 $69.00 $24,150.00 13 Remove and Reconstruct Median Curb LF 50 $77.00 $3,850.00 14 Remove and Reconstruct Median Curb & Gutter LF 120 $100.00 $12,000.00 15 Remove and Reconstruct Median Stamped PCC Strip LF 825 $40.00 $33,000.00 16 Remove and Reconstruct Grate Inlet EA 3 $10,000.00 $30,000.00 17 Remove and Reconstruct PCC Slab / Local Depression EA 3 $3,000.00 $9,000.00 18 Remove and Replace Street Light Pull Box EA 1 $1,000.00 $1,000.00 19 Remove and Replace Traffic Signal Pullbox EA 1 $1,000.00 $1,000.00 20 Adjust Manhole Frame and Cover to Grade EA 27 $750.00 $20,250.00 21 Remove and Replace with New Valve Cover to Grade EA 7 $750.00 $5,250.00 PlanetSids, Inc. City of Newport Beach Page 3 MACARTHUR BOULEVARD PAVEMENT REHABILITATION STPL-5151(030) (C-5870), bidding on August 23, 2016 10:00 Printed 08/25/2016 Bid Results Type Item Code uOM City Unit Price Line Total Comment 22 Replace Traffic Signal Dector Loops EA 136 $225.00 $30,600.00 23 Traffic Stripping and Signage LS 1 $77,839.10 $77,839.10 24 Install Sod and Repair Landscape to Match Existing LS 1 $18,454.00 $18,454.00 25 Provide As -Built Drawings LS Subcontractors Name&Address Description California Professional Item 418, #19, #22; traffic loops and pullbox Engineering, Inc. 929 Ofterbein Avenue Unit E La Puente, CA 91748 United States Covarrubias Bros Item # 16; Grate Inlet Brooks Box Construction, Inc 37369 Deep Wood Dr. Murrieta, CA 92562 United States Superior Pavement Markings Item #23; Striping 5312 Cypress Street Cypress, CA 90630 United States EBS UTILITIES ADJUSTING Manhole 1320 E 6TH STREET CORONA, CA 92879 United States 1 $4,000.00 $4,000.00 Subtotal $1,919,000.00 Total $1,919,000.00 License Num Amount Type 793907 $30,648.00 DGS,DBE,FSD,MBE PlanetSids, Inc. 784171 $34,000.00 776306 $70,000.00 932798 $25,150.00 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS HILLS ROAD PHASE 2: FROM 1.000 FEET N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD/BONITA CANYON DRIVE FEDERAL PROJECT NO. STPL-5151 (030) CONTRACT NO. C-5870 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION S - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 4 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENTAND FACILITIES 5 7-1.2 Temporary Utility Services 5 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours and Barricades g 7-10.4 Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 9 7-10.6 Notices to Residents 9 7-15 CONTRACTOR'S LICENSES 10 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 14 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1 Requirements 14 201-1.1.2 Concrete Specified by Class and Alternate Class 14 201-2 REINFORCEMENT FOR CONCRETE 14 201-2.2 Steel Reinforcement 14 201-2.2.1 Reinforcing Steel 14 201-7 NON -MASONRY GROUT 14 201-7.2 Quick Setting Grout 14 SECTION 203 —BITUMINOUS MATERIALS 14 203-5 EMULSION -AGGREGATE SLURRY 14 203-5.2 Materials 15 203-5.3 Composition and Grading 15 203-6 ASPHALT CONCRETE 15 203-6.4 Asphalt Concrete Mixtures 15 203-6-4.3 Composition of Grading 15 SECTION 214 - PAVEMENT MARKERS 16 214-4 NONREFLECTIVE PAVEMENT MARKERS 16 214-5 REFLECTIVE PAVEMENT MARKERS 16 PART 3 - CONSTRUCTION METHODS 16 SECTION 300- EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.2 Requirements 16 300-1.5 Solid Waste Diversion 16 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 16 303-5 CONCRETE CURBS, WALKS, GUTTERS, AND ACCESS RAMPS 16 303-5.1 Requirements 16 303-5.1.1 General 17 303-5.5 Finishing 17 303-5.5.1 General 17 303-5.5.2 Curb 17 303-5.5.4 Gutter 17 SECTION 310 - PAINTING 17 310-5 PAINTING VARIOUS SURFACES 17 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings [II] 17 310-5.6.7 Layout, Alignment, and Spotting 17 310-5.6.8 Application of Paint 18 310-5.6.11 Pavement Markers 18 SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 18 312-1 PLACEMENT 18 SECTION 313 - SIGNS 19 PART 6 ZO SECTION 600 - MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 20 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 20 600-2.1 Asphalt -Rubber 20 600-2.1.1 General 20 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 20 600-2.6.3 Rolling 20 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer 20 100 FEET N/O SAN JOAQUIN HIL ROAD/BONITA CANYON DRIVE CONTRACT NO. C-5870 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6054-S); (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 (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction 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 consists of mobilization, traffic control, construction notification, curb and gutter, sidewalk, curb ramps, and roadway resurfacing and complete all other items of work as required in place." 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the Page 1 of 20 improvements. The filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 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 City Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's 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 the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 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 (1) 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 (prior to any markups) 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 Page 2 of 20 Add Section 4-1.3.4 Inspection and Testing 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 Contractor's 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 3`d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type 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 Page 3 of 20 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 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 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." 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 75 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery 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." Add the following Section 6-7.4 Working Hours. 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 3:30 p.m., Monday through Friday. Page 4 of 20 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 3:30 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. Night work will be required for work on the MacArthur Boulevard intersection with Ford Road, Bonita Canyon Road and from East Coast Highway to Harbor View Drive and are subject to the following conditions: 1. Contractor shall schedule work such that all cold milled surfaces are overlaid the same night. 2. Night work hours shall be from 9:00 p.m. to 5:00 a.m. Sunday through Thursday. No work is allowed Friday or Saturday nights. 3. The Contractor shall notify the Engineer two weeks prior to the start of any night work. 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, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages 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 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the Page 5 of 20 meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any 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 provide the City advanced notice a minimum of seven calendar days prior to 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." 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 Page 6 of 20 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 Manua/ which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link 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 Page 7 of 20 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. All 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. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Access to all side streets shall be maintained at all times. 2. The Contractor shall not close more than one (1) traffic lane in either travel direction before 9:00 a.m. or after 3:00 p.m. on work days. 3. Two traffic lanes in each travel direction shall be maintained at all times. 4. Emergency vehicle access shall be maintained at all times. 5. The locations and wording of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience to the public. 6. All advanced warning sign installations shall be reflectorized and/or lighted. 7. The Contractor shall provide solar -powered arrow boards and uniformed flag persons to direct traffic through the construction zone at all times. 8. In case of left turn pocket(s) closure, the affected traffic will be allowed to make U-turn at the next intersection. 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 Page 8 of 20 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." Add the following Section 7-10.5 "No Parking" Signs: 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. Add the following Section 7-10.6 Notice to Residents: 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, 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 a second written notice prepared by the City 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 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. Add the following Section 7-15 Contractor's Licenses: Page 9 of 20 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Contractor "A" Engineering Contractor's License in the State of California. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a valid Business License issued by the City of Newport Beach. Add the following Section 7-16 Contractor's Records/As-built Drawings: 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." 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 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 and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing the BMP Plan, preparing and updating a construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions, Page 10 of 20 Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing 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 boards and changeable message signs, K -rail, temporary striping, flagpersons. 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. Work under this item shall also include the fabrication, placement, maintenance and removal of two advisory signs placed at approximately 500' outside of the work limits on MacArthur Boulevard in each traffic flow direction. Size of sign, lettering size and other information to be displayed on the sign will be as directed by the City Inspector. Item No. 3 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, re- establishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item No. 4 Remove and Replace with New Survey Monuments: Work under this item shall include the Contractor's California licensed surveyor to file pre - construction corner records prior to commencing construction with County of Orange for all monuments located in the project area. At completion of work, Contractor shall file post -construction corner records. Post -construction corner records shall include restoring any survey ties/monuments disturbed by construction. A copy of the recorded pre and post -construction corner records shall be provided to the City. Item No. 5 Roadway Excavation: Work under this item shall include removal of existing pavement and excavation for proposed structural section to thickness indicated on plans. The Contractor shall exercise due caution to avoid any damage to existing improvements to be protected in place. Any damage done by the Contractor and/or his equipment shall be repaired or replaced as called out in Section 7-9 of the Standard Specifications at the Contractor's expense. Item No. 6 AC Base Course: Work under this item shall include construction of asphalt concrete (AC) base course to thickness specified on plans, compaction and all other work as required to complete the work in place. Item No. 7 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 8 2 -Inch Thick Rubberized Asphalt Rubber Overlay: Work under this item shall include placing, spreading and compaction of 2 -inch thick asphalt rubber overlay and all other work items as required to complete the work in place. Page 11 of 20 Item No. 9 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items including removal and reconstruction of A.C. pavement as specified on improvement plans and as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 10 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 11 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing existing improvements including sawcutting existing asphalt pavement, removal and disposal of existing asphalt as necessary, constructing P.C.C. access ramps, and all other work items as required to complete the work in place. Item No. 12 Retrofit Existing Ramp with Detectable Warning Surface: Work under this item shall include constructing curb ramp detectable warning surface consisting of raised truncated domes installed on curb ramps in conformance with Caltrans Standard No. A88A and A88B, and all other work items as required to complete the work in place. The detectable warning surface shall be cast in-place tactile tiles manufactured by Armor -Tile or approved equal. Item No. 13 Remove and Reconstruct Median Curb (Type B, 6 -Inch Curb Face, City STD -182-L): Work under this item shall include removing and disposing of the existing curb, compacting subgrade, constructing P.C.C. curb, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 14 Remove and Reconstruct Median Curb and Gutter (Type A, 8 -Inch Curb Face, City STD -182-L): Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, restoring all existing improvements damaged by the work, including removal and installation of existing AC pavement and all other work items as required to complete the work in place. Item No. 15 Remove and Reconstruct Median Stamped PCC Strip: Work under this item shall include removing and disposing of the existing stamped concrete strip and reconstructing to match existing color and pattern, and all other work items as required to complete the work in place. Item No. 16 Remove and Reconstruct Grate Inlet: Work under this item shall include removing existing grate inlet and constructing a P.C.C. drain inlet (GI inlet, located in median divider) per Caltrans Std. Plan D-73. Installation of "No Dumping — Drains to Ocean/Bay" decal and installation of Abtech Series CO1414 and Ultra Urban Page 12 of 20 Filler (Smart Sponge Plus), and all other work items as required to complete the work in place. Item No. 17 Construct PCC Slab / Local Depression: Work under this item shall include construction of PCC concrete apron 5 -inch thick/ local depression at drain inlets located in the median divider per detail shown on plans, and all other work items as required to complete the work in place. Item No. 18 Remove and Replace Street Light Pull Box: Work under this item shall include removing existing street light pull box, furnishing and installing new pull box per City of Newport Beach standards, all other work items as required to complete the work in place. Item No. 19 Remove and Replace Traffic Signal Pull Box: Work under this item shall include removing existing traffic signal pull box, furnishing and installing new pull box per City of Newport Beach standards, all other work items as required to complete the work in place. Item No. 20 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 21 Remove and Replace with New Water Valve Cover to Grade: Work under this item shall include adjusting, lower and raising during paving operation, of all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 22 Replace Traffic Signal Detector Loops: Work under this item shall include all labor and material to install and connect into existing termination pull box and all other work items as required to complete the work in place. Item No. 23 Traffic Striping and Signage: Work under this item shall include installing traffic striping and signage, including removal of existing signs, posts, reinstallation of existing signs and installation of new signs as indicated on project striping and signage plans, and all other work items as required to complete the work in place. All existing signs removed and not installed shall be salvaged and returned to city yard. Item No. 24 Install Sod and Repair Landscape: Work under this item shall include installation of sod and repair landscape to match existing at locations indicated on the plans to complete the work in place. This item shall also include 75LF of 3 -in PVC SDR -35 and 150LF of 2 -in PVC SDR -35 sleeves to be installed at 36 inch deep in Construction Note #26 on Sheet 10/22. Item No. 25 Provide As -Built Drawings. Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount Page 13 of 20 of $4,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." 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 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement Concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 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. 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout Add to this section: The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 203 — BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY Page 14 of 20 203-5.2 Materials Replace a) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1h of 203-1.3 (Test Reports and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2Yz percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-5.3 Composition and Grading Add this Section: "Replace Residual Asphalt percentage of Dry Aggregate Weight for Type II aggregate from a value of 7.5 minimum to 8.5 minimum." (Use the following section for conventional asphalt concrete) 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Add this Section: Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course. Page 15 of 20 SECTION 214 - PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: All new non -reflective pavement markers types A and AY shall be ceramic. 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290. PART 3 -CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 300-1.3.2 Requirements (c) Concrete Curb, Walk, and Gutters. 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 '/2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion: 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 and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, AND ACCESS RAMPS 303-5.1 Requirements Page 16 of 20 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans 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. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 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 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.7 Layout, Alignment, and Spotting Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." Page 17 of 20 310-5.6.8 Application of Paint Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be reflectorized thermoplastic. The reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section 310-5.6.11 Pavement Markers All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Amend this section with: Page 18 of 20 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." SECTION 313 - SIGNS 313-1 GENERAL. 1. Sign shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be, Type 4 or greater. Sign shall be made of aluminum (.08 inch thickness). 2. New Sign Posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2'/< inch unistrut (OD) base. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. 3. Sign mounting hardware and brackets shall be stainless steel. Anti -seize lubricant shall be applied to mounting hardware prior to installation. 4. Signs shall be installed at a clear height of seven feet in standard locations, eight feet on sidewalks/paths where cycling is allowed or as otherwise shown on plans. Location of signs shown on plans is approximate and shall be approved by the City prior to installation. 5. Where signs/posts are to be removed, signs, posts, post bases and hardware shall be removed completely. Post holes in concrete shall be filled with grout and troweled smooth to match the existing surface. Where posts/bases cannot be removed, they should be ground smooth with the existing surface and filled with grout as detailed above. Page 19 of 20 PART 6 SECTION 600 - MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES Add the following Section 600-2 — "CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2.1 Asphalt -Rubber 600-2.1.1 General Asphalt -rubber shall be type B. 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 600-2.6.3 Rolling Asphalt -Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self-propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand-by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 6, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense. 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer Asphalt -rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project." Page 20 of 20 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report September 13, 2016 Agenda Item No. 25 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Civil Engineer, FTran@NewportBeachCA.gov PHONE: 949-644-3340 TITLE: MacArthur Boulevard Pavement Rehabilitation — Award of Contract No. 5870 (15R27 / Federal Project No. STPL-5151-030) ABSTRACT: Staff has received acceptable construction bids for the MacArthur Boulevard Pavement Rehabilitation Project, running from East Coast Highway to Ford Road/Bonita Canyon Drive, and requests City Council's approval to award the construction contract to Hardy & Harper, Inc. RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Approve the project drawings and specifications; c) Award Contract No. 5870 to Hardy & Harper, Inc. for the total bid price of $1,919,000.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish $192,000.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 17BA-008 appropriating $35,000.00 from the unappropriated Measure M Fair Share fund balance to Account No. 12201-980000- 15R27 for MacArthur Boulevard Pavement Rehabilitation project. 25-1 MacArthur Boulevard Pavement Rehabilitation — Award of Contract No. 5870 (Federal Project No. STPL-5151-030) September 13, 2016 Page 2 FUNDING REQUIREMENTS: Upon approval of the Budget Amendment, there is sufficient funding for this project. The following funds will be expensed: Account Description Measure M Fair Share Contributions Water Enterprise Wastewater Enterprise Account Number 12201-980000-15R27 13501-980000-15R27 70101-980000-17R09 71101-980000-17R09 Amount $ 1,134,200.00 $ 1,000,000.00 $ 8,250.00 $ 22,550.00 $ 2,165,000.00 Staff recommends establishing $192,000.00 (approximately 10 percent) for contingency purposes to cover the cost of unforeseen conditions associated with construction. Proposed uses are as follows: Vendor Hardy & Harper, Inc. Hardy & Harper, Inc. GMU Geotechnical, Inc. (On -Call) Various DISCUSSION: Purpose Construction Contract Construction Contingency Geotechnical Services Printing & Incidentals Total: Amni int $ $1,919,000.00 $ 192,000.00 $ 52,640.00 $ 1,360.00 $ 2,165,000.00 At 10 a.m. on August 23, 2016, the City Clerk opened and read the following electronic bids for this project: The low bid amount is 4 percent below the Engineer's Estimate of $2,000,000.00. The low bidder, Hardy & Harper, 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. In August 2014, Orange County Transportation Authority (OCTA) issued an Arterial Pavement Management (APM) program call for projects. As part of this Federal call, approximately $20 million from the Regional Surface Transportation Program (RSTP) became available to Orange County's 35 agencies. Each agency was able to submit up to two applications with a maximum funding reimbursement of $500,000 per application. 25-2 BIDDER TOTAL BID AMOUNT Low Hardy & Harper, Inc. $1,919,000.00 2nd R.J. Noble Company $1,925,585.00 3rd All American Asphalt $1,997,997.00 4t" Excel Paving $1,998,418.00 The low bid amount is 4 percent below the Engineer's Estimate of $2,000,000.00. The low bidder, Hardy & Harper, 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. In August 2014, Orange County Transportation Authority (OCTA) issued an Arterial Pavement Management (APM) program call for projects. As part of this Federal call, approximately $20 million from the Regional Surface Transportation Program (RSTP) became available to Orange County's 35 agencies. Each agency was able to submit up to two applications with a maximum funding reimbursement of $500,000 per application. 25-2 MacArthur Boulevard Pavement Rehabilitation — Award of Contract No. 5870 (Federal Project No. STPL-5151-030) September 13, 2016 Page 3 In accordance with program guidelines, local agencies are required to provide a 50 percent match of funds. Also, proposed projects must be on the Orange County Master Plan of Arterial Highways system. To maximize this funding opportunity, staff submitted two applications to rehabilitate MacArthur Boulevard pavement. Phase 1 is from East Coast Highway to 1,000 feet north of San Joaquin Hills Road; and Phase 2 continues along MacArthur Boulevard from the end of Phase 1 to Ford Road/Bonita Canyon Drive. Upon approval of both applications in January 2015, OCTA allowed combining the City's two phases into one $2,000,000 project, the MacArthur Boulevard Pavement Rehabilitation project. This proposed project involves surface milling and then overlaying the existing asphalt street pavement on MacArthur Boulevard from East Coast Highway to Ford Road/Bonita Canyon Drive, with a new rubberized asphalt surface pavement. Deteriorated sidewalk, median curb, curb and gutter, and access ramps will also be reconstructed as part of the project. Work will begin in early fall and continue into the beginning of 2017. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (reconstruction of existing facility involving negligible or no 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). ATTACHMENTS: Attachment A - Location Map Attachment B - Budget Amendment 25-3 ATTACHMENT A 25-4 O O°� 00 m U � Q e FpR BpNITA CAN NOR O OD 0� D O� Oo 00 O O 09 � �J o o � z o � SAN MIGUF R �Q O �Qa �O WSJ O JOAQUIN HILLS RD O 00 Otis � MACARTHUR BLVD PAVEMENT REHABILITATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LOCATION MAP C-5870 09/13/2015 25-4 ATTACHMENT B City of Newport Beach NO. BA- 17BA-008 BUDGET AMENDMENT 2016-17 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations _ Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT:1 $35,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from unappropriated Measure M Fair Share fund balance to fund the MacArthur Boulevard Pavement Rehabilitation Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 122 300000 REVENUE ESTIMATES Org Object EXPENDITURE APPROPRIATIONS Description Measure M Fair Share - Fund Balance Description Amount Debit Credit $35,000.00 Description Org Number 12201 Measure M CIP Object Number 980000 CIP Exp Project Number 15R27 MacArthur Blvd Pavement Rollup $35,000.00 Signed:`T Financial Approval: Finance Dire Signed: Administrati Approval: City Ma Signed Automatic — 7— Date Date City Council Approval: City Clerk Date 25-5