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C-3428 - Balboa Boulevard Reconstruction & Drainage Improvements from Medina Way to 12th Street
V,°Ctor CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 30th day of January 2002, at which time such bids shall be opened and read for BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET Title of Project Contract No. 3428 STPL — 5151 (014) $ 2,334,000 Engineer's Estimate Approyecy by Stephen G. Badum Public Works Director Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Proiect Manager at (949) 644 -3340 01 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................4 BIDDER'S BOND ............................................................................... ..............................6 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................7 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ............. ..............................8 PUBLIC CONTRACT CODE .............................................................. ..............................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............. .............................11 NON - COLLUSION AFFIDAVIT ......................................................... .............................15 DEBARMENT AND SUSPENSION CERTIFICATION ...................... .............................16 DESIGNATION OF SURETIES ........................................................ .............................17 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................18 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................20 INFORMATION REQUIRED OF BIDDER ........................................ .............................21 NON — LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS ..................... 24 DISCLOSURE OF LOBBYING ACTIVITIES ..................................... .............................25 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES ..................................... .............................27 LOCAL AGENCY BIDDER— DBE — INFORMATION ....................... .............................29 SECTION 2 — PROPOSAL REQUIREMENTS AND CONDITIONS . .............................32 2 r FEDERAL MINIMUM WAGE RATES... ......................................................................... 36 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................56 CONTRACT..................................................................................... .............................57 FAITHFUL PERFORMANCE BOND ................................................ .............................65 FEDERAL REQUIREMENTS FOR FEDERAL AID CONSTRUCITON PROJECTS .FR -1 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 747612 A Contractor's License No. & Classification SULLY - MILLER CONTRACTING CO. 376"M t AutliNrizSA�MD'O' re' CE PRESIDENT JANUARY 29, 2002 Bond No. 22011100 VH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 BIDDER'S BOND 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 the Amount Bid-- - Dollars ($ 10% of Bid - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET, Contract No. 3428 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 duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday. Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Band 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 17th day of January Sully- Miller Contracting Company Name of Contractor (Principal) Authorized Signatureffitle RON SALCIDO - VICE-PRESIDENT Liberty Mutual Insurance Company Name of Surety �Auth ri d Agen! k 8044 Montgomery Rd Ste 626W Cincinnati, OH 45236 Teresa I. Jacks< Address of Surety Print Name and Title (800) 759 -0559 Telephone (Notary acknowledgment of Principal & Surety must be attached) 'IcAUFORNIA ALL- PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On January 17, 2002 before me, Nixia Tapia, Notaxy Public DATE NAME. TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC' personally appeared Teresa I. Jackson NAMES) OF SIGNERS) Ej personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. nrtlA'ra,,A 1 coMtA. #1293351 o a. ��c`cg' NOTARY PUBLIC CAUFuRNIA� 11 ` ORANGE COUNTY i My Comm. Exp. Feb_ 8, . 2005 WITNESS my hand and official seal. SIGNATURE OF NOT Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIT E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Libexty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bidde=rs Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES January 17, 2002 DATE OF DOCUMENT Sully - Millex Contracting Company SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 0 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park CA 91309 -7184 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 839922 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts mutual insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint, TERESA I. JACKSON, VICTORIA VOORHEES, JOHN D. MILLER, CHRISTINE MAESTAS, ALL OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA ....................... ............................... . . . . . . . ... .. . .. . . . . .. . . . . . . . ... . .. . .. . . . . .. . . .. . ... . . . .... . . . ... . .. . .. . . . . ... . .. . ... . . . ... . .. . .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . .. . . .. . . .. . . . . .. . . .. . .. . . . . ... . .. . ... . .. . ... . .. . ... . .. . ... . .. . . . . . . ................................................................................................................................................................ ............................... , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100 * * * * * * * * * * * * * * * * * * * ** DOLLARS ($100,000,000.00 * * * ** ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. N Oa That this power is made and executed pursuant to and by authority of the following By -law and Authorization: d ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. 'O N y Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such c y limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the C company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys • in -tact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the O company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such d p) instruments shall be as binding as if signed by the president and attested by the secretary. v 7 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: y > Pursuant to Article XVI, Section 5 of the By -laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact m as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, -'0 bonds, recognizances and other surety obligations. i That the By -law and the Authorization above set forth are true copies thereof and are now in full force and effect. { L C IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance ++ Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 171h day of August 2001 d C LIBERTY MUTUAL INSURANCE COMPANY Of y By - *-' Garnet W. Elliott, Assistant Secretary O O C E .d. COMMONWEALTH OF PENNSYLVANIA ss O m COUNTY OF MONTGOMERY li0 C On this 17th day of August A.D. 2001 , before me, a Notary Public, personally came the individual, known to ,> d me to be the therein described k idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- G ged that he executedp,, arfie a d the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate 0 V seal and his signatu{A_� _ , emickwas duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMONF"V,aWREOF 1 TtgV (fns set my hand and affix my official seal of Piymou�¢ Meeting, P the day and year first above written. t. , f� Notary Public r `y `-CERTIF-fOAiE I, the undersigned^d},"itani retary of Liberty Mutual insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and`c'"cf copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in -fact as provided in Article XVI, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 17th day of January 2002 stant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER August 17 .20 03 N N d c .y 7 a c — O V F N yW C O D, a° oa L 'O ac 3� O E NO Y (i v3 yo v tN E `O LM C °D 06 u, 0(0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Orange On January 29, 2002 before me, Sherri L. Steenburgen, Notary Public, personally appeared Ron Salcido, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. esep •ppeee»ee » »esce »sq»ese.ee «. ». Witness my hand and official seal @SHEM L. STEENBURGEN D MM ri 1276258 m W NOTARY PUBLIC COUNTY D �E� Q ORANGE COUNTY M04 J g • »•»•..q..pypg......D9q......4N 4"i Sherri L. Steenburgen, Notary blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Bidder's Bond Document Date: 1/1712002 Number of Pages: One Signer(s) Other Than Named Above Liberty Mutual Insurance Company Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual a Corporate Officer — ❑ Partner - ❑ Limited Title(s): Vice President ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 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) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number L}��S-r y�, klol� -'f (0��� . S 51vr� G�i2 Sfi�lv�06v� � �jy�. s i / Wro✓1� JANUARY 29, 2002 Bidder Authorized Si nature/Title RON SALC1,DO - VICE PRESIDENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 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) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number Go+k�rrvb,W� (jrt5. 4.+�f -- g a a �, 2.3 C �'c < jvY�/ ��ChO C ✓GeFMN'w r3�i`�'iiS y I JANUARY 19, 2002 \ Bidder Ru r�5LCq nature/Title IE PRESIDENT EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION fThe bidder SULLY - MILLER CONTRACTING COMPANY proposed subcontractor (s) hereby certifies that he /she 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 filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. n 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. 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. 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 unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name SULLY - MILLER CONTRACTING COMPANY 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 SOUTH STREET IMPROVEMENTS, PROJ. NO. 1415 Project Description STREET IMPROVEMENTS Approximate Construction Dates: From 08/99 To: 08/00 Agency Name CITY OF CERRITOS Contact Person VIC MASAYA Telephone (5621 916 -1220 Original Contract Amount $ 688, 307 Final Contract Amount $ 720,704 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK 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 11 No. 2 Project Name /Number ROUTE 210/605 CARSON, PROD. NO. 07- 4C8904 Project Description STREET IMPROVEMENTS Approximate Construction Dates: From 11 /98 To: 07/99 Agency Name CALIFORNIA DEPARTMENT OF TRANSPORTATION Contact Person D. HUFF Telephone (21� 897 -4934 Original Contract Amount $ 798.795 Final Contract Amount $ 840,623 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK, CHANGE ORDERS 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. 3 Project Name /Number INFRASTRUCTURE STREET /UTILITY IMPVTS. Project Description STREET S UNDERGROUND UTILITIES Approximate Construction Dates: From 07/00 Agency Name CAL STATE LONG BEACH 02/01 Contact Person MO TIDEMANIS Telephone (562) 985 -8489 Original Contract Amount $ 997, 808 Final Contract Amount $ 1,155, 000 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK, CHANGE ORDERS 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 12 No. 4 Project Name /Number PAVEMENT REHABILITATION 2000 -2001 PHASE 1 Project Description PAVEMENT REHAB Approximate Construction Dates: From 07100 Agency Name CITY OF HESPERIA Contact Person To: 10 /00 MIKE PODEGRADZ Telephone (769 947 -1000 Original Contract Amount $ 783.282Final Contract Amount $ 1,064,570 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDERS. EXTRA WORK 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 CENTRAL AVENUE REHABILITATION Project Description STREET REHAB Approximate Construction Dates: From 05/00 Agency Name _ Contact Person TOWN OF APPLE VALLEY 06/00 RICHARD PEDERSONrelephone (769 240 -7000 Original Contract Amount $415.652 Final Contract Amount $ 434,751 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK 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 33 No. 6 Project Name /Number Project Description 1998 -99 & 1999 -2000 CITYWIDE C.D.B.G. PROJECT STREET. ALLEY. SIDEWALK & PEDESTRIAN RAMP PROJECT Approximate Construction Dates: From 08 /00 To: 11/00 Agency Name Contact Person CITY OF BURBANK ADAM SALEHI Telephone (81 7 238 -3946 Original Contract Amount $ 310, 132Final Contract Amount $ 334,058 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDERS 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 Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. SULLY - MILLER CONTRACTING CO. ol� AV Bidder Authorized Signature/Title RON SALCIDO - VICE PRESIDENT 14 August 22, 2000 TO: WHOM IT MAY CONCERN RE: RESUME FOR MIKE E. LOVE Mr. Mike Love is currently a Superintendent working for Sully- Miller Contracting Company. He has been employed by the Sully- Miller since 1981 and has worked in various positions including Laborer, Foreman, and Superintendent. Mr. Love is familiar with all aspects of our work and has proved to be an experienced and talented employee. Uj co 0 W U) D 0 Z IL iN N N I]NiN i F MI I� IiIII I tj Ll i z;To 0 Jos .4 1 c->Io Lo -1U) Pt-_ 00 1 cl): 0 0) o" 0 0 !10 0 0) 1 Lo tt 10) C) rtg):a co co o(D N 0 xtic4i�.(o 0 Im 0, '0100 CIO O.cq (D Lo Col� co 0 Pt-1 � 0 (D Zq LQ C�iR IN LID Cokco,(D co r-.cq eq co mIN to lc� cl�ilq evi.11t C� Lqiq 'It Qj"t Nimi I I . - . 10. CD (D r,71 P,: I W. 6 CD, co A C co N Lo.� (DICO r. 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O a> 0- mazp6w,wppav 0 a Sronir o: r c � eQQe POO= N Ob0 N O O O N a Y w o r z zu Z�ao z °ZGfn 0Y o,�r�dF F zc �< my3 gZ� °� X30 a aO rr y 6'n �U�yy � Uuuuu�i� QF �C �3„ O Fin3 QK� � p�<W W > W F oLLwr `F UH b O O� m m O C vrj v@1 @ m N r r rn M Y a w 3 �rz z��FZYa,..�a.��aYaaa Z Z p w F° p Z Z w u�i �C ° ° a V i >>>> uu�3xx 3uu >000000 WK�Y" W Yc�a%p'r.,OifiEii wuFi3uFia wu�tZ�W w�?aaaga< ����Fnor��z'a�F,aaaaaa b u r n > °o 1.: N V 3 E C p u � V A 6 � 6 � V 6 Y Y c o E e U .5 T� 5 6 p NU C SF r 9H W ° a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) RON SALC I DO -,being first duly sworn, deposes and says that he or she is VICE PRESIDENT Of SULLY- MILLER CONTRACT.Itqe; 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 the State of California that the foregoing is true and correct. A SULLY - MILLER CONTRACTING CO. Bidder Authorized Signature/Title RON SALCIDO - VICE PRESIDENT Subscribed and sworn to before me this 29th day of January 2002. [SEAL) / OONOONNOOOOOOOOV09g009 0990000.0090900 SHERRI L. STEENBURGEN t COMM q 1276258 D Notary PUbIIC W NOTARY PUBLIC- CALIFORNIA m Q ORANGECOUNTY d My Commission Expires Sept. 9, 2004 My Commission Expires: September 9, 2004 OON00Ne +a %. +eiJea ?aegdgdN00d0900N0001 15 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 judgement 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. 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. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 DESIGNATION OF SURETIES Bidders name SULLY - MILLER CONTRACTING COMPANY 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): LIBERTY MUTUAL INSURANCE COMPANY SURETY) . 8044 MONTGOMERY ROAD, SUITE 626W CINCINNATI, OH 45236 (800) 759 -0559 WILLIS INSURANCE SERVICES (BONDING AGENT) 1551 N. TUSTIN AVE., SUITE #1000 SANTA ANA, CA 92705 (714) 571 -3108 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name SULLY - MILLER CONTRACTING CO. 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. is Current 1 1 1 2 2 Year of 9 9 9 0 0 Record 9 9 9 0 0 Total Year 2002 7 8 9 0 1 No. of contracts 7 55 74 137 154 94 n 521 Total dollar o 0 00 M Amount of D o 0 Contracts (in W M C N N Thousands 494, 844, 852 No. of fatalities 0 0 1 0 0 0 1 No. of lost Workday Cases 0 3 2 2 0 1 8 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 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. is Legal Business Name of Bidder SULLY - MILLER CONTRACTING CO. Business Address: 1100 E. ORANGETHORPE AVE., #200, ANAHEIM, CA Business Tel. No.: 714 578 -9600 State Contractor's License No. and Classification: 747612 A Title 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 of bidder WQ (e"— Date JANUARY 29, 2002 Title PRESIDENT AND CEO Signature of bidder � Date JANUARY 29 2002 Title ASSISTAtiT SECRETARY Signature of bidder (� �j &- Date JANUARY 29, 2002 Title VICE PRESIDENT 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 partnership or joint venture, legal name of 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, join 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. 19 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Orange On January 29, 2002 before me, Sherri L. Steenburgen, Notary Public, personally appeared R. Bruce Rieser, Mike Edwards, and Ron Salcido, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or entities upon behalf of which the persons acted, executed the instrument. YeNeNSNeeoeeNNOaeoeoeooeNaNeeeNo SHERRI L. STEENBURGEN COMM # 1276258 D W NOTARY PUBLIC - CALIFORNIA M Q ORANGE COUNTY y e My Commission Expires Sept 9, 2004 eONONO0eON0000 ni - -.` � •+ nOOwO0000NeNeNY Witness my hand and official seal W.e i & fi . amnaw 04', % Sherri L. Steenburgen, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Bid Bond Document Date: 11/28/01 Number of Pages: Two Signer(s) Other Than Named Above Liberty Mutual Insurance Company Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 91 Corporate Officer — Title(s):President, Ass't Sec. & Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 ACKNOWLEDGEMENT OF ADDENDA Bidders name SULLY - MILLER CONTRACTING CO. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Sign 1 01/22/02 2 01/25/02 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 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: SULLY - MILLER CONTRACTING CO. 1100 E. ORANGETHORPE Business Address: ANAHEIM, CA 92801 714 578 -9600 TELEPHONE Telephone and Fax Number: 714 578 -9672 FAX AVE., #200 California State Contractor's License No. and Class: 747612 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 03/30/98 Expiration Date: 03/31/02 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: VICTOR HERNANDEZ, PROJECT MANAGER 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 SEE ATTACHED LIST Corporation organized under the laws of the State of DELAWARE 21 CERTIFICATE OF INCUMBENCY AND RESOLUTION I, George Aldrich, do hereby certify that I am an Assistant Secretary of Sully- Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE Chairman of the Board President & CEO Chief Financial Officer & Treasurer Vice President Vice President Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME Louis Gabanna R. Bruce Rieser Tim P. Orchard Ron J. Salcido Mitchell P. Vigna Peter Pouwels Stewart M. Fuhrmann George Aldrich Mary Lawson Mike Edwards James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 22, 2000, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporations thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 7th day of May 2001. (SEAL) George Aldrich Assistant Secretary The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior D.B.A.'s, aliases, and fictitious business names for 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 project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; N/A State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. 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 Have you ever been terminated for cause and then had it converted to a "termination of convenience "? If so, explain. IffE For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One 1. By yo ainst the owner? Yes No 2. By th caner against you? Yes No 3. By a outside agency or individual for labor compliance (i.e. failure to pay prevapiN wage, falsifying certified payrolls, etc.) 4. Yes / o 4. By Su tractors (Stop Notices, etc.) Yes / No 5. Are any claims or actions unresolved or outstanding? Yes I No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. SULLY - MILLER CONTRACTING CO Bidder R. BRUCE RIESER - PRESIDENT b CEO (Print name of Owner or President of Corporation/ pany) AuthorizecrSignaturelTitle RON SALCIDO VICE PRESIDENT Title JANUARY 29, 2002 Date Subscribed and sworn to before me this 29th day of January 2002. [SEAL] eesesO +++++ea +oaroo....... Wwa++NM+.. SHERRI SHERRI L. STEENBURGEN Notary Signature COMM #1276258 D LU NOTARY PUBLIC • CALIFORNIA M Q ORANGE COUNTY My Commission Expires Sept 9, 2981 00+1+OM+•ec * +++el +e+++W 23 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 24 DISCLOSURE OF LOBBYING ACTIVITIES 1. Type of Federal 2. Status of Federal 3. Report Type: Action: ❑ a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance Action: F1a. bid /offer /aoolication b. initial award c. post -award 4. Name and Address of Reporting Entity ❑ Prime ❑ Subawardee Tier . if known Congressional District, if known 6. Federal DepartmentlAgency: 8. Federal Action Number, if known. 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) $ ❑ Actual [I planned 12. Form of Payment (check all that apply): 8 a. cash b. in -kind; specify: nature value Fla. initial b. material change For Material Change Only: year_ quarter date of last report _ 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name /Description: CFDA Number, if 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI) 13. Type of Payment (check all that apply) 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: (attach Continuation Sheet(s) if necessary) 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 will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. 25 Signature:_ Print Name: Title: Telephone a. retainer b. one -time fee c. commission d. contingent fee e deferred 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: (attach Continuation Sheet(s) if necessary) 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 will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. 25 Signature:_ Print Name: Title: Telephone INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional 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 filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. if this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in- kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 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 not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 27 16. The certifying official shall sign and date the form, print his /her name title and telephone number Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing j this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. SF -LLL- Instructions Rev.06-04- 90.ENDIFs go LOCAL AGENCY BIDDER - DBE - INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 2 -1.02B of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO.- RTE. -K. P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DATE: BIDDER'S NAME: DBE GOAL FROM CONTRACT: DBE PRIME CONTRACTOR CERTIFICATION CONTRACT TEM OF WORK AND DESCRIPTION BE CERT. NO. MME OF DBE. DOLLAR ITEM NO. R SERVICES TO BE Must be certified on the date bids AMOUNT UBCONTRACTED OR MATERIALS are opened - include DBE address BE 3 O BE PROVIDED' and phone number IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE Subcontractors and their respective item(s) of Total Claimed Participation $ work listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted % with your bid pursuant to the Subcontractors Listing Law and Section 2 -1.01, "General," of the Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. DBE prim contractors shall indicates]) work to be performed by DBEs including work performed by it Signature of Bidder own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe exact portion of item to be performed or famished by DBE. Date (Area Code) Tel. No. 3. See Section 2 -1.02, 'Disadvantaged Business Enterprise," to determine the credit allowe for DBE firms. Person to Contact Please Type or Print CI cruder - OHL lntomunon tnev u9daAY) FM DBE INFORMATION - GOOD FAITH EFFORTS The City of Newport Beach established a Disadvantaged Business Enterprise (DBE) goal of 9.5% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Date of Inital Follow Up Methods Solicited Solicitation and Dates 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 Breakdown of Items 30 D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies, 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.). Name of Method/Date of Results Agency /Organization Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): 31 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. In addition to the subcontractors required to be listed in conformance with Section 2- 1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section 2 -1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient 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. Each subcontract signed by the bidder must include this assurance. 2- 1.015 -- FEDERAL LOBBYING RESTRICTIONS. -- Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal -aid contract, the making of any federal grant or loan, or the entering into of any cooperative agreement. If any funds other than federal funds have been paid for the same purposes in connection with this federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for federal -aid contracts regarding payment of funds to lobby Congress or a federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. WA 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE). -- This contract is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation By Minority Business Enterprise In Department of Transportation Programs." The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged business (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled "Submission of DBE Information" of these special provisions; E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; F. DBEs must be certified by either the California Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: 1. The Department's DBE Directory, which is published quarterly. This Directory maybe obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit,1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445 -3520; 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227- 8937 and obtaining a user identification and password; 3. The Department's web site at www .dot.ca.gov /ho /bep /index.htm; G. Credit for materials or supplies purchased from DBEs will be as follows: 1. If the materials or supplies the cost of the materials manufacturer is a firm that are obtained from a DBE manufacturer, 100 percent of or supplies will count toward the operates or maintains a factory or 33 DBE goal. A DBE establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long -term lease agreement and not on an ad hoc or contract -by- contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non -DBE firm, including an owner- operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for a breach of this contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. 2 -1.02A DBE GOAL FOR THIS CONTRACT The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this contract: Disadvantaged Business Enterprise (DBE): 9.5 percent Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at www.dot.ca.gov /hq /bep to verify the current availability of this service. 2.1.02B SUBMISSION OF DBE INFORMATION The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Newport Beach Public Works Department, 3300 Newport Boulevard, Newport Beach, California 92658 -8915, so the information is received by the City of Newport Beach no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City of Newport Beach. The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City, in its review, finds that the goal has not been met. The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the contract. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to 35 performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. The information necessary to establish the bidder's adequate good faith efforts to meet the DBE goal should include: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. H. Any additional data to support a demonstration of good faith efforts. FEDERAL MINIMUM WAGE RATES GENERAL DECISION CA010035 09/28/01 CA35 General Decision Number CA010035 Superseded General Decision No. CA000035 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies): ORANGE 36 BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 12 Publication Date 03/02/2001 03/09/2001 03/16/2001 03/23/2001 04/13/2001 04/27/2001 06/01/2001 06/29/2001 07/27/2001 08/10/2001 08/31/2001 09/21/2001 09/28/2001 37 COUNTY(ies): ORANGE ASBE0005B 01/01/2000 Rates Fringes INSULATOR /ASBESTOS WORKER Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 30.46 7.65 ---------------------------------------------- ------- ----- - - -- -- ASBE0208B 06/01/1996 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 19.70 4.81 BOIL0092F 10/01/2000 Rates Fringes BOILERMAKER 30.06 9.81 TUBE WELDER 31.56 9.81 - ---- -- ----- --- ------ - -- --- --- ------ ------ --- -- - ---- - -- - --- -- BRCA0004T 05/01/2001 Rates Fringes BRICKLAYER; MARBLE SETTER 28.06 6.40 MARBLE FINISHER 15.50 1.25 BRCA0018H 06/01/2001 Rates Fringes TILE SETTER 26.00 6.86 TILE FINISHER 16.45 2.11 MARBLE FINISHER 19.55 2.76 ---------------------------------------------- ----- -- ----- - - - - -- BRCA0018K 12/01/2000 Rates Fringes TERRAZZO WORKER 26.78 5.34 TERRAZZO FINISHER ---------------------------------------------------------------- 20.53 5.34 CARP0002A 07/01/2001 Rates Fringes CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 27.75 5.61 Shingler 27.88 5.61 Roof loader of shingles 19.52 5.61 Saw filer 27.83 5.61 Table power saw operator 27.85 5.61 Pneumatic nailer or power stapler 28.00 5.61 38 Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger Head rockslinger Rock barge or scow Scaffold builder 28.25 5.61 27.88 5.61 27.98 5.61 27.98 5.61 22.00 5.61 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. CARP0002B 07/01/2001 Rates Fringes DIVERS: Diver, wet 486.08 per day 5.61 Diver, stand -by 243.04 per day 5.61 Diver tender 235.04 per day 5.61 CARP0002Q 07/01/1999 Rates Fringes DRYWALL INSTALLERS: Work on wood - framed apartment buildings under 4 stories 19.00 6.33 All other work 25.75 6.33 DRYWALL STOCKER /SCRAPPER 10.00 5.32 ------------------ ------------------------------- - ------------- CARP0003H 07/01/2001 Rates Fringes MODULAR FURNITURE INSTALLER 14.99 5.805 LOW WALL MODULAR TECHNICIAN 18.22 5.805 FULL WALL TECHNICIAN 21.47 5.805 ELEC0011I 12/01/2000 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: COMMUNICATIONS & SYSTEMS: Installer 21.08 3% + 4.25 Technician 23.93 3% + 4.25 Alarm technician (duties limited to pulling wire to and terminating devices; not to install devices that interface with other contractors (mounting waterflow, duct detectors, dampers or connecting control panels)) 15.60 3% + 3.70 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 39 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. ------------------------------------ ---- -------- ---------- - - - - -- ELEC0441A 06/02/2001 Rates Fringes ELECTRICIANS: Electrician 29.60 38 +7.85 Cable splicer 30.96 3%+7.85 LINE CONSTRUCTION: Line technician; Heavy Equipment Operator 26.15 3% +6.09 Cable splicer 27.35 38 +6.09 Ground person ---------------------------------------------------------------- 22.57 3% +6.09 ELEC0441D 06/02/2001 Rates Fringes LIGHTING RETROFIT ELECTRICIAN 29.60 3% + 7.85 OUTDOOR LIGHTING TECHNICIAN 20.72 38 + 7.85 FOOTNOTES: Re- ballasting: $.95 per hour additional. High time: Work 40' to 7D` from the ground or supporting structures (such as trusses, stacks, towers, tanks, bosun's chairs, swinging, standing or rolling scaffolding, silos, and open platforms) which are not securely safeguarded, and the worker is at risk of a direct fall, or where the worker has to work 40' to 70' from the ground on a ladder or other type of support on a platform, which is within 5' of an unprotected direct fall opening: one and one -half times the regular straight time rate of pay. Work 701 or more from the ground or supporting structures as above: three times the regular straight time rate of pay. - -- — ----- -- - --- ---- -- ------ -- - - - - -- - ---- -- --- - -- - -- — -- - - - - -- ELEC1245C 06/01/2000 OUTSIDE UTILITY TRANSMISSION WORK: Line worker; Cable splicer Powder worker Ground person Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line Rates Fringes 31.26 4.5% + 7.35 29.70 4.58 + 7.46 20.32 4.5$ + 7.58 40 equipment) Line worker, welding 26.57 4.5% + 7.07 32.82 4.5% + 7.53 SCOPE OF WORK: All outside work on electrical transmission lines, switchyards and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility companies, municipalities, or governmental agencies. ---------------------------------------- -------- --- --- -- -- - - ---- ELEV0018A 09/15/2001 ELEVATOR MECHANIC Rates Fringes 33.695 7.455 FOOTNOTE: Vacation Pay: 8W with 5 or more years of service, 68 for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ---------------------------------------------------------- - - - - -- ENGI0012C 0611612001 Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 27.05 10.30 GROUP 2 27.83 10.30 GROUP 3 28.12 10.30 GROUP 4 29.21 10.30 GROUP 5 29.43 10.30 GROUP 6 29.54 10.30 GROUP 8 29.83 10.30 GROUP 9 29.96 10.30 GROUP 10 29.76 10.30 GROUP 11 29.83 10.30 GROUP 12 29.93 10.30 GROUP 13 29.96 10.30 GROUP 14 30.04 10.30 GROUP 15 30.16 10.30 GROUP 16 30.33 10.30 GROUP 17 30.43 10.30 GROUP 18 30.54 10.30 GROUP 19 30.66 10.30 GROUP 20 30.83 10.30 GROUP 21 30.93 10.30 GROUP 22 31.04 10.30 GROUP 23 31.16 10.30 GROUP 24 31.33 10.30 CRANES, PILEDRIVING & HOISTING EQUIPMENT: GROUP 1 28.00 10.30 GROUP 2 28.78 10.30 GROUP 3 29.07 10.30 GROUP 4 29.21 10.30 GROUP 5 29.43 10.30 GROUP 6 29.54 10.30 GROUP 7 29.66 10.30 GROUP 8 29.83 10.30 GROUP 9 30.00 10.30 GROUP 10 31.00 10.30 GROUP 11 32.00 10.30 GROUP 12 33.00 10.30 GROUP 13 34.00 10.30 TUNNEL WORK: GROUP 1 27.50 10.30 41 GROUP 2 28.28 10.30 GROUP 3 28.57 10.30 GROUP 4 28.71 10.30 GROUP 5 28.93 10.30 GROUP 6 29.04 10.30 GROUP 7 29.16 10.30 FOOTNOTES: Workers required to suit up and work in a hazardous material environment: $1.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator - inside, engineer oiler, generator operator, generator, pump or compressor plant operator, pump operator, signal, switch GROUP 2: Asphalt- rubber plant operator (nurse tank operator), concrete mixer operator - skip type, conveyor operator, fire person, hydrostatic pump operator, oiler crusher (asphalt or concrete plant), skiploader (wheel type up to 3/4 yd. without attachment), tar pot fire person, temporary heating plant operator, trenching machine oiler GROUP 3: Asphalt- rubber blend operator, equipment greaser (rack) Ford Ferguson (with dragtype attachments), helicopter radio (ground), stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fire person, backhoe operator (mini -max or similar type), boring machine operator, box or mixer (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 signal, hydra- hammer -aero stomper, power concrete curing machine operator, power concrete saw operator, power- driven jumbo form setter operator, power sweeper operator, roller operator (compacting), screed operator (asphalt or concrete), trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck /multi- shift) GROUP 6: Asphalt plant engineer, batch plant operator, bit sharpener, concrete joint machine operator (canal and similar type), concrete planer operator, deck engine operator, derrick (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 (including water wells incidental to building, heavy or highway construction), hydrographic seeder machine operator (straw, pump 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), 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 42 (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 including D -5 and similar types), tugger hoist operator (1 drum), ultra high pressure waterjet cutting tool system operator, vacuum blasting machine operator GROUP 7: 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, 600 auger or similar types - drilling depth of 60' maximum), elevating grader operator, grade checker, gradall operator, grouting machine operator, heavy -duty repair person, 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), pneumatic concrete placing machine operator (Hackley- Presswell or similar type), pumperete gun operator, 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, 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 bending machine operator, trenching machine operator (over 6 ft. depth capacity, manufacturer's rating), ultra high pressure waterjet cutting tool system mechanic GROUP S: Heavy -duty repair person (multi- shift) GROUP 9: 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 10S' maximum), dual drum mixer, dynamic compactor LDC350 (or similar types), heavy -duty repair - welder combination, 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), rubber -tired earth - moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), tower crane repair person, tractor loader operator (crawler and wheel type over 6 -1/2 yds.), Woods mixer operator (and similar Pugmill equipment) 43 GROUP 10: Heavy -duty repair - welder combination (multi- shift) GROUP 11: 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, 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 12: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 13: 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 GROUP 14: 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 15: 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 16: 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 17: 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) GROUP 18: 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 19: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 44 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 20: 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 21: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds. struck) GROUP 22: 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 23: 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 24: 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 loed, lull or similar types) GROUP 2: Truck crane oiler 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: 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 operator; Polar gantry crane operator; 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); 45 Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) 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 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 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 (Hackley- 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 repair /welder combination GROUP 7: Tunnel mole boring machine operator ENGI0012D 08/01/1999 46 Rates Fringes POWER EQUIPMENT OPERATORS: DREDGING: 20.41 9.26 Lever person 31.85 10.35 Dozer operator 28.38 10.35 Welder; Deckmate 28.27 Fringes 10.35 LABORERS: Winch operator (stern winch on GROUP 1 dredge) 27.72 9.49 10.35 GROUP 2 Fire person - oiler; Leveehand; 9.49 GROUP 3 Deckhand; Barge person 27.18 9.49 10.35 GROUP 4 Barge mate -------------------- -------- ------ 27.79 ------ ----------- 10.35 - --------- - IRON0001T 07/01/2001 Rates Fringes IRONWORKERS: Fence erector 25.19 14.575 Ornamental, reinforcing and structural 26.08 14.575 ---------------------------------- ----- --- -- ----- ---- --- -- -- ---- LAB00001B 07/01/2001 Rates Fringes BRICK TENDER 20.41 9.26 FORK LIFT OPERATOR --------------------------------------`------------------------- 20.71 9.26 LAB00002H 07/01/2001 Rates Fringes LABORERS: GROUP 1 19.46 9.49 GROUP 2 19.96 9.49 GROUP 3 20.46 9.49 GROUP 4 21.91 9.49 GROUP 5 22.16 9.49 TUNNEL LABORERS: GROUP 1 22.37 7.26 GROUP 2 22.64 7.26 GROUP 3 23.05 7.26 GROUP 4 23.64 7.26 GUNITE LABORERS: GROUP 1 22.34 9.31 GROUP 2 21.39 9.31 GROUP 3 17.85 9.31 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT): Housemover 15.50 8.38 Yard maintenance person 15.25 8.38 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosu'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 47 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. LABORER CLASSIFICATIONS 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; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; 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: Asbestos abatement; 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 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 m 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; Welding in connection with laborers' work 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; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) 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 GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------------------------------------------------------- LABO0300A 08/02/2000 Rates Fringes 49 PLASTER TENDER: Plaster Tender 21.08 9.62 Plaster Clean Tender 18.53 9.62 LAB00882A 01/01/2001 Rates Fringes ASBESTOS REMOVAL LABORER 20.12 5.25 SCOPE OF WORK: includes site mobilization, initial site clean -up, site preparation, removal of asbestos- containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos - containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers, and assembly of decontamination stations. * LAB01184A 07/01/2001 Rates Fringes LABORERS - STRIPING: GROUP 1 20.24 7.97 GROUP 2 20.94 7.97 GROUP 3 23.01 7.97 GROUP 4 24.66 7.97 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 (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 ------------ ---- ---- - -- --- — - — ---- ---------- --------- ---- - - - --- * PAIN0036A 07/01/2001 PAINTER (includes lead abatement): Work on service stations and Rates Fringes 50 and car washes; Small new commercial work (defined as construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); Small new industrial work (defined as light metal buildings, small warehouses, small storage facilities and tilt -up buildings); Repaint work (defined as repaint of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities); Tenant improvement work (defined as tenant improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement projects 21.25 5.63 All other work 24.52 5.63 ------------------- ----------------- -------------- — ---- -------- * PAIN0036H 10/01/2000 Rates Fringes DRYWALL FINISHERS 25.33 6.78 --------------------------------- ------------------------------- PAIN1247B 01/01/2001 Rates Fringes SOFT FLOOR LAYER 25.45 6.22 --------------------------------- ------------------------------- PLAS0200D 08/06/1997 Rates Fringes PLASTERER 24.13 4.04 -- ------- ------------------------ PLAS0500B 07/01/2001 CEMENT MASONS: Work on projects where the total permit value of the general and all subcontracts is $12 million or less: Cement Mason; curb and gutter machine; Clary and similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring Rates Fringes 51 machine operator 20.47 9.45 Cement mason (magnesite, SERVICE and REPAIR ------------------ — ------------- magnesite - terrazzo and ---- 11.27 -- ------------- mastic composition, epoxy, urethanes and exotic coatings, Dex -O -Tex) 20.60 9.45 Cement mason, floating and troweling machine operator 22.31 11.45 All other work: Cement mason; curb and gutter machine operator; Clary and similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 22.31 11.45 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex -O -Tex) 22.43 11.45 Cement Mason - floating and troweling machine operator 22.56 11.45 FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, whether swinging or rigid, above or below ground: $0.25 per hour additional. PLUM0016A 07/01/2001 Rates Fringes PLUMBER & PIPEFITTER, REFRIGERATRION & AIR CONDITIONING FITTER 26.33 11.50 SEWER AND STORM DRAIN WORK 17.83 10.60 SERVICE and REPAIR ------------------ — ------------- 25.46 ------------ ---- 11.27 -- ------------- PLUM0250B 03/01/2001 Rates Fringes REFRIGERATION & AIR CONDITIONING 29.65 11.85 -- -- --- ------ — ------------------ ----- ------ ---------- -------- -- PLUM0345A 07/01/2000 Rates Fringes LANDSCAPE & IRRIGATION FITTER 20.23 11.10 --------------------------------- -- ---------------- ----- ---- ---- ROOF0036B 02/01/1999 Rates Fringes ROOFERS: Roofer 23.27 5.40 Preparer (duties limited to the following: Roof removal of any type of roofing or roofing material; or spudding, or sweeping; and /or clean -up; and /or preload in, or in preparing the roof for application of roofing, damp and /or 52 waterproofing materials 16.24 1.00 FOOTNOTE: Pitch premium: Work on which employees are exposed 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. SFCA0669H 04/01/2001 Rates Fringes 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: SPRINKLER FITTER (FIRE) 26.50 6.00 ---------------------------------------------------------------- SFCA0709C 09/01/2001 Rates Fringes SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: SPRINKLER FITTER (FIRE) 31.58 10.95 SHEE0102B 02/01/2001 Rates Fringes COMMERCIAL SHEET METAL WORKER: Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation 28.60 10.39 ---- ----------------`-- ----------` ----------------------- SHEE0102C 02/01/2001 Rates Fringes INDUSTRIAL SPECIALTIES SHEET METAL WORKER: work on all air pollution control systems, noise abatement panels, blow pipe, air -veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating (other than creature comfort) and all other industrial work, including metal insulated ceilings 24.91 13.62 --------------`------------`----- ------- -- ------ ---- -- ---- - - - - -- TEAM0011E 07/01/1999 Rates Fringes TRUCK DRIVERS: GROUP 1 20.19 11.89 GROUP 2 20.34 11.89 GROUP 3 20.47 11.89 GROUP 4 20.66 11.89 GROUP 5 20.60 11.89 GROUP 6 20.72 11.89 GROUP 7 20.97 11.89 GROUP 8 21.22 11.89 GROUP 9 21.42 11.89 53 GROUP 10 GROUP 11 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver 21.72 11.89 22.22 11.89 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 axle; 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 when operating winch or similar special attachments -------------------------------------- -- ---- ----- --------- - -- - -- 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 (29 CFR 5.5 (a) (1) (v) ) . ------------------------------------- — ----_-------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: 54 • 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, D. C. 20210 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 CPR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 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, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 55 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 CONTRACT THIS AGREEMENT, entered into this _ day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Sully - Miller Contracting Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET Project Description 3428 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3428, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 56 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one million, six hundred ninety-four thousand, four hundred seventy-four and 00/100 Dollars ($1,694,474.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Sully - Miller Contracting Company 1100 E. Orangethorpe Ave., #200 Anaheim, CA 92801 714 -578 -9600 714 -578 -9672 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with origina endorsements effecting coverage required by this Contract. The certificates anc endorsements for each insurance policy are to be signed by a person authorized by that 57 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6" 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents 59 within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor 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 in H.3, above. ME 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By C.D % Mayor APPROYCP AS TO FORM: SULLY - MILLER CONTRACTING CO. By: h= A= CITY ATTORNEY Authorized ionature and Title 61 Certificate of Insurance THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that Fs—uLLY MILLER CONTRACTING COMPANY Name and Liberty 1100 E. ORANGETHORPE AVE., STE 200 1— address of MutualTM jANAHEIM, CA 92801 JI Insured. Is, at theissue date of this Certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terns, exclusions and conditions and is not altered by any requirement term or condition of any contract or other document with respect to which this certificate may be issued. certificate expiration date is continuous or extended term, you will be ratified if coverage is terminated or reduced before the certificate expiration date. J- NOTICE -OHIO: ANY PERSON WHO, WrTH INTENT TO DEFRAUD OR KNOWING THAT HE M FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN ATION OR FILES A CLAIM COMAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Liberty Mutual Group N6TICE 6F CANCELLATION: INOTAPPUCABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30otiO&Wf ch termination or reduction has been naked W: 324 Q- CITY OF NEWPORT BEACH A -2 a A. Ta to CERTIFICATE PUBLIC WORKS DEPARTMENT rY y HOLDER 3300 NEWPORT BLVD AUTHORIZED REPRESENTATIVE NEWPORT BEACH, CA. 96258 East Hanover, NJ (973) 887 -7400 2/15/02 1 1 OFFICE PHONE NUMBER DATEISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 EXP. DATE . []CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WORKERS COMPENSATION COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident 4/1/2002 WC2- 631 - 004125 -651 CALIFORNIA $ 1,000,000 Each Accident Bodily Injury By Disease $ 1,000,000 Policy Limit Bodily Injury By Disease $ 1,000,000 Each Person GENERAL LIABILITY General Aggregate -Other than ProducW mpleted Operations $ 3,000,000 ® OCCURRENCE 4/1/2002 RG2- 631 - 004125 -661 Products /Completed Operations Aggregate $ 3,000,000 ❑ CLAIMS MADE Bodily Injury and Property Damage Uability Per $ 2,000,000 Occurrence RETRO DATE Personal Injury Per Person/ INCLUDED ABOVE Organization Other Other AUTOMOBILE LIABILITY Each Accident - Single Umit $ 2,000,000 B.I. and P.D. Combined Each Person ® OWNED 4/112002 AS2 -631- 004125 -671 Each Accident or OccurrencE ® NON -OWNED ® HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS DITIONAL INSURED AS RELATED PROJECT #3428 BALBOA BLVD, CITY OF NEWPORT BEACH. INSURANCE IS PRIMARY. PLEASE SEE ATTACHED. certificate expiration date is continuous or extended term, you will be ratified if coverage is terminated or reduced before the certificate expiration date. J- NOTICE -OHIO: ANY PERSON WHO, WrTH INTENT TO DEFRAUD OR KNOWING THAT HE M FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN ATION OR FILES A CLAIM COMAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Liberty Mutual Group N6TICE 6F CANCELLATION: INOTAPPUCABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30otiO&Wf ch termination or reduction has been naked W: 324 Q- CITY OF NEWPORT BEACH A -2 a A. Ta to CERTIFICATE PUBLIC WORKS DEPARTMENT rY y HOLDER 3300 NEWPORT BLVD AUTHORIZED REPRESENTATIVE NEWPORT BEACH, CA. 96258 East Hanover, NJ (973) 887 -7400 2/15/02 1 1 OFFICE PHONE NUMBER DATEISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 AMENDATORY ENDORSEMENT - ADDITIONAL INSURED SCHEDULE Name of Person or Organization (Additional Insured THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS Location of Covered Operations (Designated Project) BALBOA BLVD. CONTRACT # 3428 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to Liability arising out of you ongoing operations or "your work" for that insured performed by or for you. The insurance afforded by this policy for the benefit of the additional insured shown above shall be primary but only with respect to any claims, loss or liability arising out of the operations of the named insured. Any insurance maintained by the additional insured shall be non contributory. It is further understood and agreed that the insurance afforded applies separately to each insured against whom claim is made or suit is brought. This endorsement is executed by the company below designated by an entry in the box opposite its name LIBERTY MUTUAL INSURANCE COMPANY Premium $ X LI BERTY MUTUAL FIRE INSURANCE COMPANY LIBERTY INSURANCE CORPORATION Effective Date 2/8/2002 Expiration Date 4/1/2002 LM INSURANCE CORPORATION THE FIRST LIBERTY INSURANCE CORPORATION For attachment to Policy or Bond No. RG2- 631 - 004125 -661 AS2 -631- 004125 -671 / Issued to SULLY - MILLER CONTRACTING CO. - - ---f(- Auth ized Representative WAIVER OF SUBROGATION ENDORSEMENT It is agreed that the company waives any right of subrogation if and when required by the insured's contract and in those states where permitted by law. Applicable to The City of Newport Beach, CA Contract : Balboa Blvd. Contract # 3428 This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy No. WC2- 63 1 - 004 1 2 5 -65 1 Workers Compensation Effective date: 2/8/2002 Expiration date: 4/1/2002 Issued to: SULLY - MILLER CONTRACTING CO. u' authoriaVd represen ive FEB -25 -2002 MON 09:37 AM FAX NO. P. 02/06 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATERECEIVED: OR A019 DEPARTMENT /CONTACT RECEIVED FROM: DATE COMPLETED: 0 Af O SENT TO: BY: ( Q/ COMPANY/PERSON REQUIRED TO HAVE I. GENERAL LIABILITY: pp A. INSURANCE COMPANY: .Lf �BIA it(d�I� B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: ( Must be California Admitted) Is company Vmitted in California? Yes ✓ No_ D. L MITS: (Must be $1,000,000 or greater) What is limit provided? 11,000.00 E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes_ No_ F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes— ✓ No_ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes ✓ No_ H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited by their negligence.) Does endorsement include "solely by negligence" wording? Yes_ No, I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by terrified math, per Lamer Farley the City will accept the endeavor wording. D. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY:_ �aQlAIAL /!/AI%I//L ®L B. AM BEST RATING (A VII or greater): : X C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No D. LAM: ( Must be 51,000,000 mininn BI & PD and $500,000 UM) What is limits rovided?_1 00, Ot7 /1 E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers , agents, officials, employees and volunteers). Is it included? Yes ✓ No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes ✓ No_ G. NOTIFICATION OF CANCELLATION. Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley the City will accept the endeavor wording. III. WORKERS COMPENSATION: p 1� A INSURANCE COMPANY: dA� /nfta fILLI�/ B. AM BEST RATING (A VII or greater) C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes .-I No_ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes--,L/ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Certificate of Insurance T141S CI:RTIF4CATP. IS ISSUED AS A M ATTER OT INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE I IOLDER. THIS CERIl KATE IS NOT AN LYSL'RANCE POLIC'1' AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that Liberty SULLY MILLER CONTRACTING COMPANY Name and 1100 E. ORANGETHORPE AVE., STE 200 '— address of Mutual Ten ANAHEIM, CA 92801 �J Insured. Is, at thLe date of this certificate, insured by the Company under the policy(ies) listetl below. The insurance afforded by the listed policy(iss) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. If the cefificate expiration date is continuous or extended ten, you will be notified 4 coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE -OHIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CUUM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER, WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE Liberty Mutual Group LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: ttNOT APPLICABLE UNLESS A NUMBER OF DAYS 15 ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATETHE COMPANY WILL NOT CANCEL OR REDUCE THE INSVRANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30090V Kfern termination or reduction has been mailed to: F— 324 CITY OF NEWPORT BEACH A -2 a A. Ta to CERTIFICATE PUBLIC WORKS DEPARTMENT fY Y HOLDER 3300 NEWPORT BLVD AUTHORIZED REPRESENTATIVE NEWPORT BEACH, CA. 96256 East Hanover, NJ (973) 887 -7400 2/15/02 J OFFICE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 EXP. DATE . ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WORKERS COMPENSATION COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident 4/1/2002 WC2- 631 - 004125 -651 CALIFORNIA $ 1,000,000 Each ,Cident Bodily Injury By Disease $ 1,000,000 Policy Limit Bodily Injury By Disease $ 1,000,000 Each Person GENERAL LIABILITY General Aggregate - Other than Products(Compteted Operations $ 3,000,000 ® OCCURRENCE 4/1/2002 RG2- 631 - 004125 -661 Products /Completed Operations Aggregate $ 3,000,000 ❑ CLAIMS MADE Bodily Injury and Property Damage Liability Per $ 2,000,000 Occurrence RETRO DATE Personal Injury Per Person! INCLUDED ABOVE Organization Other Other AUTOMOBILE LIABILITY Each Accident - Single Limit $ 2,000,000 B.I. and P.D. Combined Each Person ® OWNED 4/112002 AS2- 631 - 004125 -671 Each Accident or Occuren ® NON -OWNED ® HIRED Each Accident or OccurrencE OTHER ADDITIONAL COMMENTS ADDITIONAL INSURED AS RELATED PROJECT #3428 BALBOA BLVD, CITY OF NEWPORT BEACH. INSURANCE IS PRIMARY. PLEASE SEE ATTACHED. If the cefificate expiration date is continuous or extended ten, you will be notified 4 coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE -OHIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CUUM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER, WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE Liberty Mutual Group LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: ttNOT APPLICABLE UNLESS A NUMBER OF DAYS 15 ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATETHE COMPANY WILL NOT CANCEL OR REDUCE THE INSVRANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30090V Kfern termination or reduction has been mailed to: F— 324 CITY OF NEWPORT BEACH A -2 a A. Ta to CERTIFICATE PUBLIC WORKS DEPARTMENT fY Y HOLDER 3300 NEWPORT BLVD AUTHORIZED REPRESENTATIVE NEWPORT BEACH, CA. 96256 East Hanover, NJ (973) 887 -7400 2/15/02 J OFFICE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 WAIVER OF SUBROGATION ENDORSEMENT It is agreed that the company waives any right of subrogation if and when required by the insured's contract and in those states where permitted by law. Applicable to The City of Newport Beach, CA Contract: Balboa Blvd. Contract # 3428 This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy No. WC2- 63 1- 0041 2 5 -65 1 Workers Compensation Effective date: 2/8/2002 Expiration date: 4/1/2002 Issued to: SULLY - MILLER CONTRACTING CO. c7 autborized presentative AMENDATORY ENDORSEMENT - ADDITIONAL INSURED SCHEDULE Name of Person or Organization (Additional Insured): THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS Location of Covered Operations (Designated Project): BALBOA BLVD. CONTRACT # 3428 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to Liability arising out of you ongoing operations or "your work" for that insured performed by or for you. The insurance afforded by this policy for the benefit of the additional insured shown above shall be primary but only with respect to any claims, loss or liability arising out of the operations of the named insured. Any insurance maintained by the additional insured shall be non contributory. It is further understood and agreed that the insurance afforded applies separately to each insured against whom claim is made or suit is brought. This endorsement is executed by the company below designated by an entry in the box opposite its name LIBERTY MUTUAL INSURANCE COMPANY Premium $ LIBERTY MUTUAL FIRE INSURANCE COMPANY LIBERTY INSURANCE CORPORATION Effective Date 2/8/2002 Expiration Date 4/1/2002 LM INSURANCE CORPORATION For attachment to Policy or Bond No. RG2- 631 - 004125 -661 Issued to SULLY - MILLER CONTRACTING CO. THE FIRST LIBERTY INSURANCE CORPORATION Authorized Representative Local Assistance Procedures Manual PS &E Checklist Instructions EXHIBIT 12 -E Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL. —The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The 'Required Contract Provisions, Federal -Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to 'SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be construed to mean "Engineer" as defined in Section 1 -1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT. —In ad- dition to the provisions in Section It, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON - COLLUSION PROVISION. —The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non - collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a swoon statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS EN- TERPRISES IN SUBCONTRACTING. —Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B— Information for Determining Joint Venture Eli- gibility FR -1 (This form need not be filled in if all joint venture firms are DBE owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The DBE partner must complete Schedule A.) a. Describe the role of the DBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non -DBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of DBE ownership? _ 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Revised 3-95 Os -07 -95 Page 12 -65 LPP 01 -04 March 15, 2001 I i`r {r I 1 i 9 EXHIBIT 12 -E Attachment A a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day -to-day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel _ 4. Purchasing of major items or supplies c. Supervision of field operations Note. —If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefor and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Revised 3 -95 08 -07 -95 Page 12 -66 March 15, 2001 FR -2 Local Assistance Procedures Manual PS &E Checklist Instructions Name of Firm Name of Firm ....................................................... ............................... Signature Signature Name Name Title Title Date Date Date State of _ County of On this _ day of 19 _, before me appeared (Name) to me personally known, who, being duly swom, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Sea]] Date State of County of On this _ day of 19 _, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] LPP 01 -04 Local Assistance Procedures Manual PS &E Checklist Instructions REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page I. General ........................................ ............................... 3 II. Nondiscrimination ...................... ............................... 3 I11. Nonsegregated Facilities ............. ............................... 5 IV. Payment of Predetermined Minimum Wage .............. 6 V. Statements and Payrolls .............. ............................... 8 V t. Record of Materials, Supplies, and Labor .................. 9 VII. Subletting or Assigning the Contract ......................... 9 VIII. Safety: Accident Prevention ....... ............................... 10 IX. False Statements Concerning Highway Project .......... 10 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ................... ............................... 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ...................... 11 XII. Certification Regarding Use of Contract Funds for Lobbying..................................... ............................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. 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. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order that may in tutu be made. The Required Contract Previsions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs I and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- EXHIBIT 12 -E Attachment B dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 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 DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Fedeml -aid construction contracts and to all related subcontracts of 510,000 or more.) 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, roles, regulations (28 CFR 35, 29 CPR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed 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 Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60A.3 and the provisions of the American 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 State highway agency (SHA) and the Federal Goverment in carrying out EEO obli- gations and in their review of his/her activities under the con- tract. b. The contractor will accept as his operating policy the following statement: "7t 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 ad- vertising; layroff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Form 1273 — Revised 3.95 OM7 -95 FR -3 Page 12 -67 LPP 01-04 March 15, 2001 EXHIBIT 12 -E j Attachment a administerin and who must be ap1Om°tm% an a Ci Y and r EEO Local Assistance p&E Cher es Manual do o, ss +gned dequate uthontac[or program of Procedut a rit 3. Di esponsibility to refer minority klist Instructions staff h employees reo ° h ni d of oohue• su 1 '^embers of the c applicants �ijI b d`;scu applicants roar employ,,,, . Infomytion substantial! who recorttrue pervise promote ontractor, a minority Of, and Y involved in such such action, 'and discharge emplo ersonnel Actions. ed with mployees. g nu Y group nd ° Wh wren 'mPlement acticnn[ acto , EEO or Y cognizant personnel actions shall ges,lish condition, contractual the made full nefits 8 s, working classificatio ponsibilities to +n ed and and Will be met, the femployment ' TproviUee En O each pgrade and taken transfer, °derrronontYPe, including hinrn nistered, and win o ens at the and Trout la a. Periodic mcetin 8 actions will be taken as: Minimums age or disc Y The following for religion,tse remit Upgrading, h be em agreement bilit solar, ' national Viewed r S EEO cotoicd�e eeeryesz m Months °lFwcA and th n p °oohs ours hat r Will work u8aon Period" i speccttions fpru'ect ttactor's E viewed a Policy and ai w cats EEO Officer. Plained. The tsJementatio rwillime the el. dt minatory treatment ^tPl °Yee facilities will be conducted by the b• The contractor of project site given althClough suPervisory or Personnel wages aid within will penodica)) J aspec indoor on b office plo of di minatory weach classification to de, ate the spread of will J days ollowin their t rep tying for 4 O °b gOansr, hi nag a actions The contr w'practices, nine any evidence 1 8 actor C. All p °.ees who are engaged in with the contractor thirty PI riminationn thWit eeee PC inicuhhetherr there leered personnel Project will Pmeedureor local ng�and by the hiring office r i thhe[romra6 ores tl °fTeCUvnation a o IW3 !1 rend tbeyondrt he a . oindicates a�or ill d. Notices 8 minority g ou and P olicy will p eeedsters setting fort mAloyees. d The include all affect s reviewed, applicants be +n h the a contactor ed Persons such n[ sforemploytrlentadpotentaletc ^eSsbletooemployee, hlleobligatonnunat, made opts estigate om his alleged di r Y inv C. The c P o ns under contac all ° plaints If Plement apPropri be Such omeatt ° fsmeen'ngsb m htt to the a nnons to im- 'uchnminah'on maYlatl'' thappropriate nestigatO trot ve ,,t O° within such Plo means. Ployee hand Of em- cam corrective a", Shall other thakdWaces that the b°Dks, or other Ph"ion of each include such °mPlainnt, 4. Recr Will ent: When include in rising for ev ofall m his cnthctor Upon contactor will i adve ery OpjMlainant stigation, the Persons, rotation "An Equal all adven- employees, the 6• Training avenues of appeal, will inform am" be will Placed portunity Employer to, All PI °Pees the g and Pro n: 8 Minority Publicatio sue motto force Thed normally t groups derived. D^h having go roject work and increasing the Skills o' mi ssistgnulocatin8, ualifyin the s agreement, cons t17 applicants for p °ant Y ro p and women J and qualified ud Pri atet e�)�h wan dir�tb�s valid bargaining and the contractor, 01^PloYees, b. Consistent with ns, aon111 0 blislhs 5 °f pomeet lh like] O o ��d �PPrnhaeshshalland make on -utter ob use ra n ntg rP10 regulations he Intent hamonr applicants con foremployt»entco aPPlicantsrmatybetource� heirfirstfyea ofcesnrtraineesO� nee. Wgyeuref�b 25 ,Procedures o the Y mina ids g Pro i.e., nsideation, referred special provision aPPrem. each occu a shall Providi he event the contractor has this su for training sh training. P,n °n We in eve ip or Y�me the prexclusiv, �Tithag hall referrals e is bargaining a$ Be nt Provision. graph will be supers Provided a di.di sued ; hisecontacta 0 s P ov"amis n the peeial Permits the co agreement to expected to C. T s that suchvdhagreements 'e Oe the held th o� a mm�l EEOtconuaof 4u�lm s�nOf chailable advise tain n% Ppl employees and applicants for It wo f£ect P emematia amended lementadon violar ewe Executivtracforuto d; Ze gas iinnst promo rte confriarto ential will Periodical] and entrance re- Order q6, as and will enco 8 elif mru°ri Y review the training c' The c°nbaetor will encourage his and promo[iona a eligible employ %alas d women employees P apply for such training employees to 08-07-95 i3_R`Wi d3 -95 FR-4 page 12.68 March 15, 2001 LPP 01 -04 Local Assistance Procedures Manual PS &E Checklist Instructions 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. 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 best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best 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 famish such information to the contractor, the contractor shall so certify to the SHA 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 minority and women 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 minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral prac- rice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. 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. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such FR -5 EXHIBIT 12 -E Attachment B records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FH WA. a. The records kept by the contractor shall document the following: (1) The number 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 op- portunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA 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. If on -the -job training is being required by special provision, the contractor will be required to collect and report training data. 111 NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or [Wore.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal - aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Forth 1273 — Revised 3 -95 OM7 -95 Page 12-69 LPP Ol -04 March 15, 2001 EXHIBIT 12 -E Attachment B c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or mml minor collectors, which are exempt.) 1. General: a. All mechanics and laborers 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 pernitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination') which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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 deter- mination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. 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. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. Fo 1273 — Revised 3 -95 0"7 -95 FR -6 Local Assistance Procedures Manual PS &E Checklist Instructions 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification 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 DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour 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. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the addi- tional 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, when 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- Said 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 e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit Page 12 -70 March 15, 2001 LPP 01-04 ,ocal Assistance Procedures Manual EXHIBIT 12 -E tS &E Checklist Instructions Attachment B as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a 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. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers; a. Apprentices: (1) 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 DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/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 Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees 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 employee 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 listed in 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 or subcontractor 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 -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) 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 journeyman - level 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 for the Wage and How Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that detemtination. FR -7 (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of tminees to joumeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. 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. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level 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 -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall re- ceive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the con- tractor or subcontractor 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. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. Form 1273 — Revised 3 -95 OW-95 Page 12 -71 LPP 01 -04 March 15, 2001 zzz f a1 S. Apprentices tra n nprd h'a� f rare (Programs of the U.S. ' g Pro high sPortation ms Wbich havorking under DOTj. of par Y consilm nrOmOtit, EL0 no omfiedpby th eshiP and skil e Se IStabu hgraPprent ores asst ° V e The ubjeck q dwtetc reder�a, d of It I ti the cans Of the p n CU 21 all 0 . h Sue h po gramsurl lgs 6. Withholdin : Program 8reater than pn.ibv g authos,S,1IA shall upon its o Withheld, fr Presentative . action or request Cra Or an any Y *the, Fed ontrae 8 Wag l9uae isredt With the ol der th s Se to be same P apprentice. sides nnleuces a thew crud is held bt to DavissctOt, or poyme Y the S, be C 1 .'r Intt},Cte�nte dful am y mPloYed 6 Chan'Crts,+n j d Y 01, be site spPrenh, the retract of' SHA ark, 0 or p n aDer emPlo 9 r memice r or ba uusPension o r, take e such a°itionofficer rrta'y aWfiages Qui °ed yrking as nnl such viola [ions hays Payntehf, adyY bo neces mitten notices 7, Overtime 12cyluiro ance, or gn, f� o use meats; No Cont u contract or t 9 s, a heTcChWa�h n,ro orntnivolve the or any Patt of t or Pecs des m Cit. es o a Whichlh�� itnechanicaPhs 4 and' S a PPren : of hours ers hanconeI hrnaquis in uchs wmpl ko ten n, or gguard work unless S. 8 violation: innex 11 Of4G Ones �rs �n h }baassti t Ch ion at Y f� re no of Liability for U any violatio npaid Wages. otractor and n of the Chars' Liquidated D State nnth to and employee f, hiss sPOnsiblParagraph 7above vent th lsquid bia r aO�urri[o WO�do, or hall be 1. bgesf s In be hab e additlo �dreSpect�al a�' Such liq lu d Drst>yccontract t for the tb $ niter Such or Washe1 °f $10 fhola ondof iry1G°rcr, me� shall ye o °tY) for week F40 oh Or Pertnittedlto alendar da se set o �nWatchtnaulPin ' Y the clause set oh0upyrryeh j pthe oft gndard JOY es "IM 1273 -0,9.5 aevisryt3 -9S FR-8 �12.721 h 15, 200, Local gssistaace P ro PS &F CheC�j'nstrucHoual , Wi thholding for Un paid yy an The SHA hallo ages and Liquid Wield, ��d'cPresertahveWnactionor atetlDamages: by the cones any mo of the D °Pon watt other Fedor I ctor or snbCnn Payable onpcc it hold o "equest of SaaicmYlS - assist dntrOnt With t e 38 Under any such Work FCAU Pero to be liabilisurns aassrmay ctt,, which bsdd bhc e on� Wcootra , or and $ta o [edgamag sasPe °t4d r or d ° nc r r ° Da° or sacs c�yr V. STATEMgN use set forth in paragraph $ 000 arnd 111 all ph �I`�D PA"ROLLS no, on exempt) aYs classifiod ad s°bcontracts �ctlon contract L Complianee with °cal roads or nu yl Collects sec hoc ae The Contra the Secretary o Orashall lantl $egu1ations (29 CFR 3): 2' Payrolls and Pit It R� �serein 'ncorporated yegulatio of a- payrolls 9 ref nice. utairoamed b and basic record Y the contract., rnechanicf of °prnPl Prnseryed fort relating shall be CCS, 6rThe at her eofth work st Watch nOh Im- 11reabOt�me hall number aPayroll records Sl and guards rk c ntriyCation' hodu js °f eachlsuch rain the Warne +nr, cash egin as or costs ar tes of Wagemployee. his social security It worked ;' dwse Bacon Act types eacn°natfide inngeng rates for APPalach ctions made daily and bell in Seefion lonefits or and norm lly ,ned!Caung Whe @te the Payrollwges U bur ° hoNj. ) 4an IVPh 1. none labor acre, employeeee dooe shall conk noa d or mechanict3raPh 3behtheSec. as dCfined in gr°nhoes not, of I ntlsctibed n g hiding ben fiuntt a ges of anYt Sec- short that and each n I @X2}(g) of °°def a Plan reasonabter the mai °t b c, that rho i 'tme O sh llcrr�. Si Bacon Attgram the lhOPrers or Pro Pangs I lira 1& 6 sally befits his anticipated or or mech arici unde ar pPtrsa °r SU nntr cost a °con+ d and sho n to gbto ra gtstration programs stirs °mPloyin rn Providin t Cost appent. tes Ptsscnbed m the aPPlicaabble p t� andon e d nd ° atcghes LAP 01-04 Local Assistance Procedures Manual PS &E Checklist Instructions c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers , described in Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029- 005- 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402' prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such 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 the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. 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 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records re- quired under paragraph 2b of this Section V available for in- spection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the re- quired records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be nec- essary 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 EXHIBIT 12 -E A". &_- " may be grounds for debarment action pursuant to 29 CFR 5.12. V1. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA 47, and in the units shown on Form FHWA 47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT I. 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 State. Specialty items may be performed by subcontract and the amount of any such specialty items perforated may be deducted from the total original contract price before computing the attaunt of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly 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, assignee, or agent of the prime contractor. 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 on the contract as a whole and in general are to be limited to minor components of the overall contract. Form 1273 — Revised 3 -95 F ct FR -9 08 -07 -95 Page Marc LPP 01 -04 Page 12 -73 March 15, 2001 EXHIBIT 12 -E Attachment B 2. The contract amount upon which the requirements set forth in paragraph t of Section VII 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 famish (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 SHA 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 SHA 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 SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 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 SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on thejob 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 trade a con- dition of each subcontract, which the contractor enters into pur- suant 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 CFA 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. 333). 3. Pursuant to 29 CFR 19263, 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. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 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 concemed with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or ims- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- F.. 1273 — Revmd 3.95 08,07 -95 Local Assistance Procedures Manual PS &E Checklist Instructions garding the seriousness of these and similar acts, the following notice shalt 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: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, or any State or Terrilory. 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 repre- sentation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be per- formed, 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 repre- sentation 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 sup- plemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: I. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized FR -10 Page 12 -74 March 15, 2001 LPP 01 -04 Local Assistance Procedures Manual PS &E Checklist Instructions for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary 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 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 primary 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 department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal;' and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary 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. FR -11 EXHIBIT 12 -E Attachment R g. The prospective primary 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 Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" ( Nonprocurement List) which is compiled by the General Services Administration. i. 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 pendent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f 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 de- partment or agency may terminate this transaction for cause or default. xrxxx Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -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; e. 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 1 b of this certification; and Form 1273 — Revised 3 -95 08 -07 -95 Page 12 -75 LPP O1 -04 March 15, 2001 EXHIBIT 12 -E Local Assistance Procedures Manual Attachment B PS &E Checklist Instructions d. Have not within a 3 -year period preceding this ap- plication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. xxxxx 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) 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 leams that its certification was erroneous by reason of changed circumstances. d. The terms 'covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of mles implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction he 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. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier coveted transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant tray, but is not Fom 1273 — Revised 3.95 08.07 -95 required to, check the Nonprocurement List. 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 tmnmctions 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 de- partment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. xxxxx Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions 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 participation in this transaction 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. xxxxx XIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) I. 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 ban, 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, FR -12 Page 12 -76 March 15, 2001 LPP 01 -04 Local Assistance Procedures Manual PS &E Checklist Instructions grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -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 en- tered 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 EXHIBIT 12 -E Attachment B 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 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 recipients shall certify and disclose accordingly. FEDERAL -AID FEMALE AND MINORITY GOALS In accordance with Section 11, "Nondiscrimination," of 177 Sacramento, CA: "Required Contract Provisions Federal -aid Construction Contracts" the following are the goals for female utilization: SMSA Counties: 6920 Sacramento, CA ... ............................... 16.1 Goal for Women nationwide (Percent) 6.9 CA Placer; CA Sacramento; (applies )............ ..(Pe ) ........ CA Yale. The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA 174 Redding, CA: Non -SMSA Counties ............. CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, CA: Non -SMSA Counties .................. CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco - Oakland -San Jose, CA: SMSA Counties: 7120 Salinas- Seaside- Monterey, CA ............ ............................... CA Monterey. 7360 San Francisco - Oakland, CA ................. CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose, CA ......... ............................... CA Santa Clam. 7485 Santa Cruz, CA ..... ............................... CA Santa Cruz. 7500 Santa Rosa, CA ..... ............................... CA Sonoma. 8720 Vallejo-Fairfield- Napa, CA ................ CA Napa; CA Solano Non -SMSA Counties ......... ............................... CA Lake; CA Mendocino; CA San Benito. Goal (Percent) Non -SMSA Counties .................. CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba. 178 Stockton- Modesto, CA: 14 9 SMSA Counties: 6.8 5170 Modesto, CA ....... ............................... 9.1 CA Stanislaus. 8120 Stockton, CA ....... ............................... CA San Joaquin. 17 1 Non -SMSA Counties ......... ............................... CA Alpine; CA Attainder; 6.6 CA Calaveras; CA Mariposa; 23.2 CA Merced; CA Tuolumne. 179 Fresno - Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA ... ............................... CA Kern. 28.9 2840 Fresno, CA .......... ............................... CA Fresno. 25.6 Non -SMSA Counties ......... ............................... CA Kings; CA Madera; CA Tulare. 19.6 180 Los Angeles, CA: 14 9 SMSA Counties: 0360 Anaheim -Santa Ana- Garden 9.1 Grove, CA .. ............................... CA Orange. 4480 Los Angeles -Long 17 1 Beach, CA .. ............................... CA Los Angeles. 6000 Oxnard -Simi Valley - 23.2 Ventura, CA .............................. CA Ventura. FR -13 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 Fo. 1273 — Rerised 3 -95 08 -07 -95 Page 12 -77 LPP 01 -04 March 15, 2001 EXHIBIT 12 -E Attachment B 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 Inyo; CA Mono; CA San Luis Obispo. 181 San Diego, CA: SMSA Counties 7320 San Diego, CA ..... ............................... 16.9 CA San Diego. Non -SMSA Counties ......... ............................... 18.2 CA Imperial. Local Assistance Procedures Manual PS &E Checklist Instructions In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more. shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Form 1273 — Rm.d 3 -95 08 -07 -95 FR -14 Page 12 -78 March 15, 2001 LPP O1 -04 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA BOULEVARD REHABILITATION CONTRACT NO. 3428 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to 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. 3428 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization &OeA'hj J -1-..w -t- t_,Ihollars and :2y2 Cents Per Lump Sum 2. Lump Sum Traffic Control @-rk,rU - i-{,eu6, Dollars and 7ek °0 Cents Per Lump Sum 3. 1,390 C.Y. Unclassified Excavation and Removal @6r-r)( Xo�,r Dollars and evG Cents Per Cubic Yard $ )0�.2UO I $30000 $ yy� $ Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,650 S.F. Roadway Over Excavation @ Gne Dollars and F,F�y Cents $ �� 0 $ a y7S. / Per Squar6 Foot 5. 46,710 S.F. Variable Thickness Cold Planing of AC Pavement @ Z� r o Dollars and 30 Cents $ $ y 0/, Per Square Foot 6. 31,740 S.F. Variable Thickness Grinding of PCC Pavement @ 0t7 Dollars and / 2�ro Cents $ $ 3 Per Square Foot 7. 5,510 TON Construct 2" Thick ARHM Surface Course @ -�Or-+4 E, `Y- Dollars and 2e a Cents Per Ton 8. 6,840 TON Construct A.C. Base Pavement Section and Variable Thickness Leveling Course @ Forty owe Dollars and �✓D Cents $ yl / $ a• Per Ton 9. 6,895 L.F. Remove and Replace Existing PCC Curb & Gutter City STD. 182- L,Type A @ Dollars and 2-eP-C Cents $ /7 / $ Per Linear Foot Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1,282 L.F. Remove and Replace Existing PCC Curb City STD. 182 -L, Type B @ Dollars and ,Zero Cents $ a Per Linear Foot 11. 5,708 L.F. Construct 1 -Foot Wide PCC Gutter per Plan Detail @ E-/eVe,7 Dollars and 2�rc Cents Per Linear Foot 12. 43,160 S.F. Remove and Reconstruct 4" Thick PCC Sidewalk @ "T410 Dollars and t 9�� ✓� Cents $ a• g� $ Pe g6are Foot 13. 32 EA Sawcut Remove and Construct PCC Curb Access Ramp Caltrans STD. A8 Case C //8A, @ Se✓, 1, �d�� Dollars and 7 ✓0 Cents $ 7co•/ $ dU / Per Each 14. 690 S.F. Sawcut Remove and Construct PCC Residential Driveway Approach per City STD. 163 -L Type II @ dour Dollars and Fij-1-4 Cents so $ �' $ 0 S Per Square Foot Rik. RR-A ITEM. TQTAL - :QUANTrTY- ' ' , ITEM DESCRIPTION AND UNIT UNIT =• AND UNIT -' PRICE WRITTEN IN WORDS PRICE PRICE 15. 1,246 S.F. Sawcut Remove-and Construct PCC Alley Approach Type D City STD: 143 -L @ Six Dollars and i Ny Cents $ S O f'o. $ $0 Per Square Foot 16. 282 L.F.: - Construct 12" RCP (2000 -D) -- 06'n Dollars and Zero Cents � $�7 Per Linear Foot :17. 4,114 L.F. Construct 18° RCP (2000 -D) @ Dollars and >ro Cents $ 0• :. Per Linear Foot._. 18. 1,215 L.F. RCP Concrete Encasement (6" Minimum Cover) Dollars and Z e✓ o Cents. $ �n •.° $ '�- Per Linear Foot 19. 37 EA Ultra Urban Filter System No. CO1414H - -. @ TiY` .% Dollars and ZarbCents $ SS© $35�' - .. , Per Each 20. 17'EA Junction Structure Per City STD 310 -L yff @ 1- ,ref- -7 he,Js z Dollars and d0 Cents $`jam $ S( ' Per Each I i Yi.l .. f .. _:.aced PR�' AV .� AP 3pM28'42 nn 9125 `. tl ISM� z r M 'C 4 n. f L I,,,,� I . Page PR -6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. Lump Sum Install Traffic Striping, No Parking Red Curb Marking, Markings, Markers, Etc. / @Ee ✓e.� -Aw5�b Dollars and 2 2 -0 Cents Per Lump Sum 27. 2 EA Install Advisory Sign @S' r )fi'�J�__Dollars and Cents Per Each 28. Lump Sum Surveying Services and Z�tro Cents Per Lump Sum 29. Lump Sum Relocate Existing 10" PVC Water Line Dollars and Cents Per Lump Sum $ 1 000• / $ 1 3 $ y S_� ov•/ Page PR -7 TOTAL PRICE IN WRITTEN WORDS dvl /je, Dollars and Cents Total Price Bidder's Name SULLY - MILLER CONTRACTING COMPANY 1100 E. ORANGETHORPE AVE., SUITE 200 Bidder's Address ANAHEIM, CA 92801 Bidder's Telephone Number_ 714 578 -9600 Contractor's License No. & Classification 747612 A �{�I Ian. 29, 2002 Date Authorized Signature & Title RON SALCIDO - VICE PRESIDENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND STORM DRAIN IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET - Contract No. 3428 App�qyed by i $ hen G. Badum Public Works Director ADDENDUM NO. 1 TO ALL PLANHOLDERS: Federal Minimum Wage Rates ....... .................................... ............................... a........... The Federal Minimum Wage Rates has been revised. A copy of the most current Federal Wage Rates (23 pages) will be mailed to all planholders to replace /update the information originally included in the bid package. A copy of the current Federal Minimum Wage Rates can also be obtained at the City of Newport Beach Public Works Counter, 3300 Newport Boulevard, Newport Beach, CA 92663 ..................................................... ............................... 0. Bidders are required to sign Addendum No. 1 and attach to the bid proposal. Bids may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. SULLY - MILLER CONTRACTING COMPANY Bidder's Name (Please Print) JANUARY 29, 2002 Date A thorize Signa ure & Title ON SALCIDO - VICE PRESIDENT CITY OF NE PUBLIC W017 tT BEACH BALBOA BOULEVARD RECONSTRUCTION AND -STORM DRAIN IMPROVEMENTS FROM MEDINA WAY TO '11"' :STREET Contract No. 3428 Approved by Stephen : Badum . Public Works Director ADDENDUM NO.2 TO-ALL.PLANHOLDERS: The - quantities for Bid Items No. 19 through No. 23 have been revised. Thaw rovased page5will -be faxed and mailed to alt planholders (as of January -2v, 20M to replace the same pages in the original bid acka e. :' P P 9 P 9 '_'1: /winr\r..... fir\\ i\ r\ ir\ r\\ r\\ r/ i ........................... W //r //4 / / \ri.r {bu Bidders are required to replace pages PR-4 and PR -5 in the original bid package with the - revised pages. Bidder must also sian Addendum No. 2:and attach it to dle bb proposal. F` Bids may not be considered: unless the revised PR-4 and PR- 5_pages -and this signed - - Addendum No. 2 is attached. 1 have carefully. examined this Addenditin'and have included full payment in -my Proposal. r SULLY- MILLER CONTRACTING CoMPANY- Bidder's Name. (Please Print)' I" JANUARY 22, 2002 Date AV "RON-57 V- = -a msea3<•aam\ 3A%s «rte r�Y "' - °' it R ENr or : JL Eli ." v J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA BOULEVARD REHABILITATION CONTRACT NO. 3428 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 2 2 -9.3.1 Survey Services 2 2 -9.6 Survey Monuments 2 2 -12 FEDERAL REQUIREMENTS 2 2 -12.5 Award and Execution of Contract 2 2 -12.6 Labor Nondiscrimination 2 2 -12.7 Prevailing Wage 2 2 -12.8 Subcontractor and DBE Records 3 2 -12.9 DBE Certification Status 3 2 -12.10 Performance of DBE Subcontractors and Suppliers 4 2 -12.11 Subcontracting 4 SECTION 3 CHANGES IN WORK 5 3 -3 EXTRA WORK 5 3 -3.2 Payment 5 3 -3.2.3 Markup 5 SECTION 4 CONTROL OF MATERIALS 5 4 -1 MATERIALS AND WORKMANSHIP 5 4 -1.3 Inspection Requirements 5 4 -1.3.4 Inspection and Testing 5 SECTION 5 UTILITY 6 5 -7 ADJUSTMENTS TO GRADE 6 5 -8 SALVAGED MATERIALS 6 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE 6 OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6 -7 TIME OF COMPLETION 6 6 -7.1 General 6 6 -7.2 Working Days 7 6 -7.4 Working Hours 7 6 -9 LIQUIDATED DAMAGES 7 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 7 -7 COOPERATION AND COLLATERAL WORK 7 7 -8 PROJECT SITE MAINTENANCE 8 7 -8.1 Cleanup and Dust Control 8 7 -8.5 Temporary Light, Power and Water 8 7 -8.6 Water Pollution Control 8 7 -8.7 Dewatering 8 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -10.2 Storage of Equipment and Material in Public Streets 9 7 -10.3 Street Closures, Detours, Barricades 9 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.6 Notices to Businesses, Residents and Schools 10 7 -15 CONTRACTOR'S LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9 -1 MEASUREMENT OF QUANTITIES OF UNIT PRICE WORK 11 9 -1.1 General 11 9 -3 PAYMENT 11 9 -3.1 General 11 9 -3.2 Partial and Final Payment 15 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 16 201 -1 PORTLAND CEMENT CONCRETE 16 201 -1.1 Requirements 16 201 -1.1.1 General 16 SECTION 203 BITUMINOUS MATERIALS 16 203 -1 PAVING ASPHALT 16 203 -1.1 General 16 SECTION 207 PIPE 16 207 -2 REINFORCED CONCRETE PIPE (RCP) 16 207 -2.1 General 16 207 -2.5 Joints 16 SECTION 214 PAVEMENT MARKERS 16 214-4 NONREFLECTIVE PAVEMENT MARKERS 16 214 -5 REFLECTIVE PAVEMENT MARKERS 16 SECTION 215 STORM DRAIN FILTERS 16 215 -1 General 16 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300 -1 CLEARING AND GRUBBING 17 300 -1.3 Removal and Disposal of Materials 17 300 -1.3.1 General 17 300 -1.3.2 Requirements 17 300 -1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 18 302 -5 ASPHALT CONCRETE PAVEMENT 18 302 -5.1 General 18 302 -5.2 Cold Milling Asphalt Concrete Pavement 18 302 -5.2.5 Pavement Transitions 18 302 -5.4 Tack Coat 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303 -5.1 Requirements 18 303 -5.1.1 General 18 303 -5.5 Finishing 19 303 -5.5.1 General 19 303 -5.5.2 Curb 19 303 -5.5.4 Gutter 19 SECTION 310 PAINTING 310 -5 PAINTING VARIOUS SURFACES 19 19 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310 -5.6.7 Layout, Alignment, and Spotting 19 310 -5.6.8 Application of Paint 19 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 312 -1 PLACEMENT 20 PART 6 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 (Type G) 20 600 -2.1.1 General 20 600 -2.1.2 Paving Asphalt 22 600 -2.1.3 Asphalt Modifier 22 600 -2.1.4 Crumb Rubber Modifier (CRM) 22 600 -2.1.5 Asphalt- Rubber Binder 25 600 -2.1.6 Equipment for Production of Asphalt- Rubber Binder 27 600 -2.1.7 Aggregate 28 600 -2.1.8 Proportioning, Spreading and Compacting 29 600 -2.1.9 Measurement and Pavement 30 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 30 600 -2.6.3 Rolling 30 PROJECT FUNDING SIGN DETAIL CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD WASTE DISCHARGE REQUIREMENTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA BOULEVARD REHABILITATIOI' CONTRACT NO, 3428 INTRODUCTION SP 1 of 30 All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans R- 5787 -S (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 Edition), including Supplements; (4) Standard Specifications for Public Works Construction, (1997 Edition), including Supplements, (5) the State of California Department of Transportation ( Caltrans) Standard Specifications and Standard Plans, (1992 Edition), hereinafter referred to as the Caltrans Standard; and (6) the Work Area Traffic Control Handbook, 1996 Edition. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00) each. Copies of the W.A.T.C.H. may be purchased at the Public Works Department for Six Dollars ($6.00) each. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, California, 92802, telephone (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 include: distribute construction notices to nearby businesses and residents; provide surveying service; cold mill and dispose of PCC and AC pavement; remove and dispose of pavement sections; provide and construct ARHM surface course; construct A.C. pavement sections; reconstruct P.C.C. curb and gutter; reconstruct P.C.C. sidewalk; adjust manhole and valve frames and covers to grade; construct 12 " -18" RCP, inlets and manholes; protect survey monuments in place; install traffic markings and markers and fire hydrant markers; traffic control including temporary installation and removal of barricades, delineators, steel plates, AC driveway ramps, signs, solar - powered arrowboards, flagpersons, etc.; protection and restoration of existing curb drains; restoration of landscaping and improvements damaged by the Contractor; clean up and disposal; and perform other incidental items of work as required to complete the Work in place." 61;1prelitcrn 2 -9 SURVEYING 2 -9.3.1 Survey Service. Add to this section, "The Contractor will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. 2 -12 FEDERAL REQUIREMENTS 2 -12.5 AWARD AND EXECUTION OF CONTRACT The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. 2 -12.6 LABOR NONDESCRIMINATION — Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. Your attention is called to the "Nondescrimination Clause ", set forth in Section 7- 1.01A(4), "Labor Descrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 2 -12.7 PREVAILING WAGE -- Attention is directed to Section 7- 1.01A(2), "Prevailing Wage," of the Caltrans Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are attached and are available at the Public Works Department. Changes to the general prevailing wage rates will be available at the same location. SP3of30 2 -12.8 SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first -tier subcontractor, The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on Form CEM -2402 (F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of the contract acceptance. $10,000 will be withheld from payment until the Form CEM -2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM -2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner - operators, for the leasing of trucks. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 2 -1.02. The contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Form CEM -2404 (F). 2 -12.9 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, Form CEM -2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. SP4of30 2 -12.10 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the provisions in Section 2- 1.026, "Submission of DBE Information," and Section 3, "Award and Execution of Contract," of these special provisions, which are determined by the City to be certified DBEs, shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: A. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. B. The listed DBE becomes bankrupt or insolvent. C. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. D. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. F. It would be in the best interest of the City. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 2 -12.11 SUBCONTRACTING Attention is directed to the provisions in Section 8 -1.01, "Subcontracting," and Section 2, "Proposal Requirements and Conditions," and Section 3, "Award and Execution of Contract," of the Caltrans Standard Specifications. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at http: / /www.dir.ca.gov. /dir /Labor law /SLSE /Debar.html. The provisions in the third paragraph of Section 8 -1.01, "Subcontracting," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts' in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original work with the Contractor's own organization Each subcontract and any lower tier subcontract that may in turn be shall include the "Required Contract Provisions Federal -Aid Construction Contracts' in Section 14 of these special provisions. SP5of30 This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup Replace this Section with," (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 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 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. This section only applies to work in excess of the estimated quantities shown in the proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. Add this Section, "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. 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 re- testing due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor." SP6of30 SECTION 5 - -- UTILITY 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. The cost of repairing and restoring existing improvements and survey monuments that sustained damage by the Contractor shall be borne by the Contractor and no additional compensation shall be made." 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. 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 he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his 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 construction work under the Contract, excluding permanent pavement striping and markings, within sixty -five (65) consecutive working days after the date on the "Notice to Proceed ". Permanent pavement striping and markings shall be completed within five (5) consecutive working days upon the end of the fifteen - day "pavement waiting" period. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." SP 7 of 30 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1st, 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 in November (Thanksgiving), December 24 (Christmas Eve), December 25th (Christmas) and December 315 (New Year's Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 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 during any of these 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 $55.00 per hour when such time periods are approved. 6.9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the sixty -five consecutive working days specified for completion of the work, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 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." Since the work is located in a tourist area, the intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize the disruption time to the public and to the Contractor. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section, "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of 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 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 City of Newport Beach, Utilities Division. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or SP 8 of 30 valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The Contractor is hereby made aware that since the City's on -going Balboa Village Project is located easterly of this project and that Balboa Boulevard is the only roadway available to reach that work site, the Contractor shall anticipate and facilitate continuous "Village" construction traffic within his work limits on work days. Additionally, the Contractor shall be aware that of undergrounding construction work along Balboa Boulevard scheduled for the winter and spring months just westerly of this project." 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control. Add to this Section, "Each work location shall be cleaned and barricaded at the end of each day until the Work is completed." 7 -8.5 Temporary Light, Power and Water. Add to this Section, "If the Contractor elects to use the City's water, he shall arrange for a construction water meter and tender a $813 meter deposit for each meter with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7-8.6 Water Pollution Control. Add to this Section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the Bay through storm drains and catch basins." 7 -8.7 Dewatering. Add to this Section, "The Contractor shall be aware that the depth of groundwater below the work location varies daily with tide changes; and that the dewatering system that he intends to deploy for the work shall be able to handle any and all groundwater that may exist at approximately 3 -feet below the existing Balboa Boulevard roadway finish surface." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this Section, "The Contractor is hereby advised that the City work under this contract adjoins private properties. The Contractor shall be responsible for the in -kind repair of any and all private properties damaged during the course of the Work, to the satisfactory of the Engineer. The Contractor is advised to photograph the private improvements adjacent to the Work for record and future references." Add the following to the first sentence of the second paragraph after "e.g. ", "curb drains and private irrigation lines." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to the third paragraph of this Section, "The Contractor shall maintain temporary A.C. ramps to all driveways and private entrances at all times." SP9of30 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following, "Construction materials shall not be stored in streets, roads, or sidewalk areas." 7 -10.3 Street Closures, Detours, Barricades. Modify this Section to read, "The Contractor shall submit traffic control and detour plan(s) for each phase of work to the Engineer and it shall conform with the provisions of the W.A.T.C.H. The Contractor shall submit all traffic control /detour plan(s) to the City at least five (5) working days before the pre- construction meeting. All traffic control plans shall be and prepared and signed by a registered Traffic Engineer and shall include the following: 1. The Contractor shall not close more than one (1) traffic lane in either travel direction before 9 AM or after 3 PM on work days. 2. Two traffic lanes in each travel direction shall be maintained during non -work hours 3. The Contractor shall provide traffic control on Balboa Boulevard with solar - powered arrow boards and other d evices/flag persons as required per WATCH and City of Newport Beach requirements. 4. Access to all side streets, parking lots, and service driveways shall be maintained at all times. 5. Emergency vehicle access shall be maintained at all times. 6. The location and wording of all barricades, signs, delineators, lights, warning devices, and any other details required shall assure that all pedestrian and vehicular traffic will be handled in a safe an efficient manner with minimum inconvenience to the public. 7. All advanced warning sign installations shall be reflectorized and /or lighted. tr� po. 8. Provisions shall be made for pedestrians to use the sidewalk along the dthT side of Balboa Boulevard whenever a portion of a sidewalk is closed for work. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" SP 10 of 30 signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting The Contractor shall temporarily cover the existing "NO PARKING" signs along the side streets adjacent to the portions of Balboa Boulevard where no parking is enforced so as to allow the residents to park their vehicles on the side streets until parking along Balboa Boulevard is restored. The Contractor shall promptly uncover the "NO PARKING" signs as soon as parking along the adjacent Balboa Boulevard is restored. 7 -10.7 Notices to Businesses, Residents and Schools. Ten working days prior to starting work, the Contractor shall deliver a door hanger construction notice to the adjacent businesses, residents and schools, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and 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 written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. 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 Engineer. 7 -15 CONTRACTOR'S LICENSES. Modify the second paragraph to read, "At the time of bid opening and until the completion of Work, the Contractor shall possess a General Engineering Contractor "A" License. Additionally, from the start and until the completion of Work, the Contractor and each subcontractor shall possess a valid City Business License issued by the Revenue Division of the City of Newport Beach Administrative Services Department. No work may proceed without the required valid City Business License." 7 -16 CONTRACTOR'S RECORDSIAS 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 submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. SP 11 of 30 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 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9 -1.1 General. Add to this Section, "In case of conflicting method of measurement between the City's Standard Specifications and the Caltrans Standard, the City's Standard Specifications shall take precedence." 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 to complete the 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: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the contract work. Item No. 2: Traffic Control: Work under this item shall include providing the required traffic control including, but not limited to, preparation of traffic control plans, signs, delineators, traffic cones, barricades, arrow boards, steel plates, and all other work necessary to comply with the W.A.T.C.H. and the City of Newport Beach requirements. This item shall also include the delivery of all required notices, posting of signs, and all other costs incurred in notifying the residents. Item No. 3: Unclassified Excavation and Removal: Work under this item shall include removal and disposal of existing A.C. roadway, P.C.C. pavement, native under existing sidewalk, backfill and compaction, and as required to complete the work in place as shown on the Plans. Item No. 4: Roadway Over Excavations: Work under this item shall include removal and disposal of existing A.C. roadway, P.C.C. pavement over excavation of subgrade and /or base material, drying operations, backfill, deeplift A.0 and A.R.H.M. structural sections and compaction, and as required to complete the work in place. Item No. 5: Variable Thickness Cold Planing of A.C. Pavement: Work under this item shall include the cold milling of the existing asphalt roadway, as shown on the drawings, to a depth below existing finished grade as shown on the drawings and all other work necessary to cold mill the existing asphalt roadway in the project limits complete and in place. SP 12 of 30 Item No. 6: Variable Thickness Grinding of P.C.C. Pavement: Work under this item shall include the grinding of the existing Portland Concrete Cement (P.C.C.) roadway, as shown on the drawings, to a depth below existing finished grade as shown on the drawings and all other work necessary to grind the existing P.C.C. roadway in the project limits complete and in place. Item No. 7: Construct 2" Thick A.R.H.M Surface Course: Work under this item shall include constructing 2 -inch thick asphalt rubber overlay and all other work necessary to construct 2 -inch thick asphalt rubber overlay complete and in place. Item No. 8: Construct A.C. Base Pavement Section and Variable Thickness Leveling Course: Work under this item shall include the construction of asphalt pavement base course and variable thickness leveling course and all other work necessary to construct asphalt pavement base course and variable thickness leveling course complete and in place. Item No. 9: Remove and Replace Existing P.C.C. Curb and Gutter: Work under this item shall include the sawcut and removal of existing improvements and the construction of P.C.C. curb and gutter, City Std. 182 -L Type 'A', with 2 -foot gutter and all other work necessary to remove the existing improvements and repainting curb; chiseling curb face at existing underground utility location(s); construct the P.C.C. curb and gutter complete and in place. Item No. 10: Remove and Replace Existing P.C.C. Curb: Work under this item shall include the sawcut and removal of existing improvements and the construction of P.C.C. curb, City STD 182 -L Type 'B', and all other work necessary to remove the existing improvements and repainting curb; chiseling curb face at existing underground utility location(s); construct the P.C.C. curb complete and in place. Items No. 11: Construct 1 -Foot Wide P.C.C. Gutter per Plan Detail: Work under this item shall include the cost of sawcuts, doweling, rebar, cement epoxy adhesive per Caltrans Section 95 -2.03 Type 1 (1992 Edition), removals, disposals, constructing 1' PCC gutter per plan detail and all other work as required to complete the work in place. Item No. 12: Remove and Reconstruct 4" Thick P.C.C. Sidewalk: Remove Existing and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include the removal and disposal of the existing sidewalk, subgrade compaction, reinstallation of existing signs, utility box and cover adjustments, and all other work items as required to complete the work in place. Item No. 13: Sawcut Remove and Construct P.C.C. Curb Access Ramp Per Caltrans Std. A88A, Case C: Work under this item shall include the removal of existing improvements and the construction of P.C.C. access ramps, with /including the variable height retaining curb and variable height curb, and all other work necessary to remove the existing improvements and construct the access ramps complete and in place. Item No. 14: Sawcut, Remove and Construct P.C.C. Residential Driveway Approach per City Std. 163 -L Type II: Work under this item shall include the removal of existing improvements and the construction of P.C.C. driveway approach and all SP 13 of 30 other work necessary to remove the existing improvements and construct the driveway approach complete and in place. Item No. 15: Sawcut, Remove and Construct Alley Approach per City Std. 143 -L Type D: Work under this item shall include the removal of existing improvements and the construction of P.C.C. driveway approach and all other work necessary to remove the existing improvements and construct the driveway approach complete and in place. Item No. 16: Construct 12" R.C.P. (2000 - D): Install 12 -inch R.C.P. Storm Drain 2000 -D: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, dewatering, installation of pipe, installation of external joint sealer (Mac Wrap), placement of bedding, and crushed aggregate base, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 17: Construct 18" R.C.P. (2000 -D): Install 18 -inch R.C.P. Storm Drain 2000 -D: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, dewatering, installation of pipe, installation of external joint sealer (Mac Wrap), placement of bedding, and crushed aggregate base, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 18: R.C.P. Concrete Encasement (6" Minimum Cover): Work under this item shall include 6" concrete encasement over pipe where top of the R.C.P. is less than 18" below finish surface as shown on the Plans. The concrete shall be 450 -C -2000 (Green Book) and include removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 18: Ultra Urban Filter System CO1414H: Work under this item shall include the materials and. installation of a storm drain curb inlet Ultra Urban filter system. All work under this Item shall be constructed to the manufacturer's illustration and specifications and shall include all labor, material and equipment to complete the work in place. Item No. 20: Junction Structure per City Std. 310 -L: Work under this item shall include, the construction of P.C.C. junction structures per CNB Std. 310 -L including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, dewatering, backfill, sP 14 0130 of base, shalt, grade tallatlon nne6oris to ls, ins utilitres, cO al eX�st�ng Excavated matepf aU eX�stin9 Eying Potons nd all other al excess athaling cC�on of interE utdrties, ac disP °times and b na e's' ntd p$rrnanen� ureP mpletE and in Pla�tem shah t +on, comp manhole cemovai a oraN an ctron stru Work under this but not t+ngs' lacilitties, Te ents, e hepC.G• jun g, eitsting ro 306 4 : G inciudin vation, imp to canstcu pS Per Ba gtd. gel, cNB Std. 306- of worK, exca backt�ll, utdit1esecessarl stns P advan atering, grade worK n Inlet �YPeatch ut�titres in e water, dew e, shalt, o µ0. 21: Curt) . ri °l P C.G. Exposing d and su'atallatron °l b5 s connectanstJng Ito cOavement r`atirrti9 controaoa e6 mate6� lalre, +ISV%9 ecr�rg Porfronaa°dl a� other include to, P C,Iniwted atching or P cess ex0 thot�ng n °l IT' utIGtjes, orarY P osal of ex cove nmt or PrOta�ent mp`E Eoand m Pla6E' alt temp actcon, disP ramES and and per Masi. c comp manhole W ° urider this item sh o ts, t mP °P c.G catch ding, but cin9s faciimps vemen ctthe A: p mclu eXtist�n(T ro s 3C p� 30p_L- cavat on to COnstru A per Std' B gtd• in advance of work, ex backlille work necessary wafer shaGt onadt cure Inlet.1190 C_ catch $as�Utdit +es acE water �1 bas o 0.22 truct'on °l p - oval expI Kou nd and surnstailation c nn of eX sti g Item the cons ave tent rem control of g rnaten� laN Ex�st�ng utriltie prtcons all other ineludmited to, P or p%at�ng• excavated o teden �. d i not of ex of rood of ut�iitres, an cess otholin o %ace oraN Patching l d covers, p t or 4 ta�ent SuPP d in P temp action, disposa a, be and erm 1ete an comp manhole frames and p h Basins comp der this item e,4 s, ternPoraN Ga orK unineIudin9 bu fmgs� l,dlitkes, tern c,c� a EXistrng the P' Ste C�6 g d. 3p7_K- �` vatron, imPrOto c nstmct NO.2 Per C%ty w rk k TV °essaN Man of p C.0 manholes P advance of o backaddle dEwaterin9, work ne O.23: G °n�onstN�on oval Exposing nd,land sud tallata°nr °l base, conneG �a st n9 Item chide, thevEment tern trot of 9ro naffs, ins utliitre al eX�s of excess Excavated mate istcn9 o6ons troi °l shah ited to, pa lacing cOri °thalin9 °l all of rote et no ut�lit�es, Duct the not lim atching °y P and c °vets, P rotect�on ns oraN P disP°sa andonment or Tote nent suPP ssaN to temp er work nECe campact�aTit 0 lraempval, ab all oth Work rings mlaeriities, meats, tenrpoter ng, and Std. A"1 quipment eX�strng d p pace water, da in Place. Per City d any eQ unites °r Grade Prade an ground a anhole complete an me and �O "Eanholes to g to p.G C. m hole Fra m g11 W°rKd NO djuSt Man de adlust+ t ntract. Std s rade an 2�' A all inclu under ttiis c° Per and to g Item this item shete the wOrK Overs tO Grade es an cove badbssarY to comp water VaiV-San ang alCwater" der this contract, rn9+ Markings, Adjust de adlu fete the work god Curb M�rG curb Pacnt for to 25 inciu cessaN IuridEtnrs iten ne�lessarY t0 comp Flo parkr tragic rid 'a\\ work ne equipm Striping' chide s an tfic all in arKIng tiny �O. 26_ In k under tharKE s, Pavement m Iteaers, Etc :s pavemen`e e and in Pia6e' t parKr11�ra�rc striping G°mP t insta SP 15 of 30 Item No. 27: Install Advisory Sign: Work under this item shall include placement of 2 advisory signs posted 500' prior to 12ffi Street for southbound traffic and one posted 500' prior to Medina for northbound traffic per detail in specifications. Item No. 28: Surveying Service: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, as -built field notes, an other survey items as required to complete the work in place. Item No. 29: Relocate Existing 10" D.I.P. Water Line: Work under this Item shall include the cost of all fittings and pipe, installation, temporary patching or plating, dewatering, and backfill to complete the work as necessary to deviate existing water line under proposed storm drain grade and any equipment necessary to complete the work under this contract and complete in place. 9 -3.2 Partial and Final Payment. Add to this section "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP 16 of 30 PART 2- CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1 Requirements 201 -1.1.1 General Add to this Section, "All portland cement concrete used on the work shall be 560 -C- 3250." SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General Add to this Section, "All asphalt concrete used on the work shall be III- C3 -AR- 4000." SECTION 207 - -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 207 -2.1 General These specifications apply to reinforced concrete pipe intended to be used for the construction of storm drains, sewers, and related structures. 207 -2.5 Joints Add to this section, "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845 - 6962." 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. SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL Filters shall be installed across inlets to all new catch basins and across inlets to all existing catch basins that drain into new storm drain systems. Filters shall be prefabricated Model C01414 Ultra Urban Filter as manufactured by AbTech Industries Enterprises, Contact: Ken Chan at (310) 886 -3400, Extension 355. SP 17 of 30 Insert widths shall match the curb opening widths of catch basins; shall be secured to catch basin walls at 12 -inch maximum on center spacing with 3/8 -inch minimum diameter fasteners that have been approved by the Engineer; and shall be fitted with trash and debris screens. Screens, braces and fasteners shall be fabricated from Type 304 stainless steel. Filter medium shall be installed in accordance with the manufacturer's recommendations. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General Replace this Section with, "Removed Pavement and unsalvageable material shall become the property of the Contractor and be disposed of at the Contractor's expense in a manner and at a location acceptable to the cognizant agencies. All removal and disposal costs shall be included in the unit price bid for that item of work. The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business License office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. Unless otherwise specified elsewhere in this contract, non - reinforced concrete and asphalt wastes generated from the job sites shall be disposed of at a facility which 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 solid wastes generated and solid wastes disposed at a sanitary landfill. The Contractor shall report said monthly tonnages to the Engineer on a form provided by the Engineer." 300 -1.3.2 Requirements (a) Bituminous Pavement. Replace the second sentence of this Section with, "Sawcutting of edges to be joined with existing A.C. pavement is required." (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of two (2) inches and replace the words 01 % inch" of the last sentence with the words "two (2) inches." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. SP 18 of 30 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section, 'The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks '/4 -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom. The A.C. leveling course, if required by the Engineer, shall be at least V thick. The Contractor shall AC base pave over trenches and open the roadway for traffic use at the end of each day." 302 -5.2 Cold Milling Asphalt Concrete Pavement 302 -5.2.5 Pavement Transitions. Replace the first sentence of this Section with, "A.C. ramping is required at all transverse join lines regardless of the offset depth." 302 -5.4 Tack Coat. Add to this section, 'Prior to placing asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to the existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -51.1 General. Add the following to this section," 1. Except for curb and gutter reconstruction, the Contractor shall not begin any removal work within existing walks unless the removed areas can be reconstructed and barricaded to protect the public by the end of the same day. 2. All curb and gutter shall be constructed on top of 95% relative compacted subgrade and 95% relative compacted 4 -inch thick aggregate base. 3. P.C.C. work subject to vehicle loads (e.g. cross gutters and sidewalk and curb and gutter along driveways) shall not be opened to traffic until the concrete has cured to a minimum compressive strength of 2,000 psi, as verified by concrete cylinder test results reported by a City approved testing laboratory retained and paid for by the SP 19 of 30 Contractor. The Contractor shall detour traffic around such work until the work is ready for public use." 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" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section, "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read, "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 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." 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 shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has SP 20 of 30 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. 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." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with, 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 1. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 ASPHALT RUBBER (TYPE G) Rubberized asphalt concrete (Type G) shall consist of furnishing and mixing gap graded aggregate and asphalt - rubber binder and spreading and compacting the mixture. Type G rubberized asphalt concrete shall conform, except as otherwise provided, to the provisions for Type A asphalt concrete in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. 600 -2.1.1 GENERAL The Contractor shall furnish samples of aggregate to the Engineer in conformance with the provisions in Section 39 -3.03, "Proportioning," of the Standard Specifications. Aggregate for Type G rubberized asphalt concrete shall be of such quality that the optimum amount of asphalt- rubber binder to be mixed with the aggregate, as determined by the Engineer in conformance with the requirements in California Test 367 (as amended below), shall be a minimum of 7.0 percent by mass of dry aggregate and a maximum of 9.0 percent by mass of dry aggregate. Aggregates SP 21 of 30 which result in an optimum asphalt- rubber binder content of less than 7.0 percent or more than 9.0 percent by mass of dry aggregate shall not be used. The Engineer will determine the exact amount of asphalt - rubber binder to be mixed with the aggregate in conformance with the requirements in California Test 367, except as follows: A. The specific gravity used in California Test 367, Section "B. Voids Content of Specimen," will be determined using California Test 308, Method A. B. California Test 367, Section "C. Optimum Bitumen Content," is revised as follows: 1. Plot asphalt- rubber binder content versus void content for each specimen on Form TL -306 (Figure 3), and connect adjacent points with straight lines. 2. From Figure 3 select the theoretical asphalt- rubber binder content that has 4.0 percent voids. 3. Record the asphalt- rubber binder content in Step 2 as the Optimum Bitumen Content (OBC). 4. To establish a recommended range, use the Optimum Bitumen Content (OBC) as the high value and 0.3 percent less as the low value. Notwithstanding, the recommended range shall not extend below 7.0 percent nor shall the high value to establish the recommended range be above 9.0 percent. If the OBC is 7.0 percent, then there shall be no recommended range, and 7.0 percent shall be the recommended value. C. Laboratory mixing and compaction shall be in conformance with the requirements of California Test 304, except that the mixing temperature of the aggregate shall be between 149 °C and 163 °C. The compaction temperature of the combined mixture shall be between 143 °C and 149 °C. The rubberized asphalt concrete mixture, composed of the aggregate proposed for use and the optimum amount of asphalt- rubber binder as determined in conformance with the requirements in California Test 367 modified above, shall conform to the following quality requirements: RUBBERIZED ASPHALT CONCRETE MIXTURE Test Parameter California Test Requirement Stabilometer Value, Minimum 304 and 366 23 Voids in Mineral Aggregate, Percent, Minimum See Note 18 Note: Voids in mineral aggregate test shall be determined as described in Asphalt Institute Mix Design Methods for Asphalt Concrete (MS -2). The asphalt- rubber binder content of the rubberized asphalt concrete (Type G) will be determined by extraction tests in conformance with the requirements in California Test 362, or will be determined in conformance with the requirements in California Test 379. The Contractor shall furnish a Certificate of Compliance to the Engineer in conformance with the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications for each material used in asphalt- rubber binder and the asphalt- rubber binder mixture. The Certificate of Compliance shall certify that the material conforms to SP 22 of 30 the provisions in these special provisions. When requested by the Engineer, the Contractor shall submit samples with the Certificate of Compliance. The Contractor shall provide the Engineer a Material Safety Data Sheet (MSDS) for each of the constituent components of the asphalt- rubber binder, for the completed mixture of asphalt- rubber binder and for the Type G rubberized asphalt concrete. The Contractor shall provide a Certificate of Compliance for each truck load of crumb rubber modifier (CRM), paving asphalt, and asphalt modifier delivered to the project. The Quality Control Program used by the manufacturer of each ingredient shall include a sampling and testing frequency as shown below: A. CRM shall be tested, except for the grading requirement, at least once for every 225 tonnes of production, with a minimum of once for each project. CRM shall be tested for grading for every truck load delivered to the project. B. Paving asphalt shall be tested at least once for every 180 tonnes of production with a minimum of once for each project. C. Asphalt modifier shall be tested at least once for every 23 tonnes of production with a minimum of once for each project. B. A copy of the laboratory test results for the test parameters specified in these special provisions for CRM, paving asphalt, and asphalt modifier shall be submitted to the Engineer with the Certificate of Compliance for each truck load of individual material delivered to the project. Certified volume or weight slips shall be delivered to the Engineer for the materials supplied. 600 -2.1.2 PAVING ASPHALT The grade of paving asphalt to be used in the asphalt- rubber binder shall be AR -4000 and shall conform to the provisions in Section 92, "Asphalts," of the Standard Specifications and these special provisions. The paving asphalt for use in asphalt- rubber binder shall be modified with an asphalt modifier. 600 -2.1.3 ASPHALT MODIFIER The asphalt modifier shall be a resinous, high flash point, aromatic hydrocarbon compound and shall conform to the following requirements: ASPHALT MODIFIER * The symbol "X" is the viscosity of the asphalt modifier the Contractor proposes to furnish. The value "X" which the Contractor proposes shall be between the limits 19 and 36 and shall be submitted in writing to the Engineer. A proposed change, requested by the Contractor, in the value "X" shall require a new asphalt- rubber binder design. ASTM Test Parameter Desi nation R uireme it Viscosity, m 1s x10 at 100 °C D 445 X ± 3* Flash Point, CL.O.C., °C D 92 207 min. Molecular Analysis: Asphaltenes, percent by mass D 2007 0.1 max. Aromatics, percent by mass D 2007 55 min. * The symbol "X" is the viscosity of the asphalt modifier the Contractor proposes to furnish. The value "X" which the Contractor proposes shall be between the limits 19 and 36 and shall be submitted in writing to the Engineer. A proposed change, requested by the Contractor, in the value "X" shall require a new asphalt- rubber binder design. SP 23 of 30 The asphalt modifier shall be proportionately added to the paving asphalt at the production site where the asphalt- rubber binder is blended and reacted. Asphalt modifier shall be added in an amount of 2.5 percent to 6.0 percent by mass of the paving asphalt based on the recommendation of the asphalt- rubber binder supplier. The paving asphalt shall be at a temperature of not less than 190 °C or more than 226 °C when the asphalt modifier is added. If the asphalt modifier is combined with the paving asphalt, before being blended with the CRM, the combined paving asphalt and asphalt modifier shall be mixed by circulation for a period of not less than 20 minutes. Premixing of asphalt modifier and paving asphalt will not be required when the ingredients of the asphalt- rubber binder are proportioned and mixed simultaneously. Asphalt modifier and paving asphalt shall be measured for proportioning with meters conforming to the provisions in Section 9 -1.01, "Measurement of Quantities," of the Standard Specifications. 600 -2.1.4 CRUMB RUBBER MODIFIER (CRM) Crumb rubber modifier (CRM) shall consist of a combination of scrap tire CRM and high natural CRM. The scrap tire CRM shall consist of ground or granulated rubber derived from a combination of automobile tires, truck tires or tire buffings. The high natural CRM shall consist of ground or granulated rubber derived from materials that utilize high natural rubber sources. Steel and fiber separation may be accomplished by any method. Cryogenic separation, if utilized, shall be performed separately from and prior to grinding or granulating. CRM shall be ground or granulated at ambient temperature. Cryogenically produced CRM particles which can pass through the grinder or granulator without being ground or granulated respectively shall not be used. CRM shall not contain more than 0.01 - percent wire (by mass of CRM) and shall be free of other contaminants, except fabric. Fabric shall not exceed 0.05 - percent by mass of CRM. The test and method for determining the percent by mass of wire and fabric is available at the Transportation Laboratory, Pavement Branch, Telephone 916 - 227 -7300, and will be furnished to interested persons upon request. A Certificate of Compliance certifying these percentages shall be furnished to the Engineer in conformance with the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications. The length of an individual CRM particle shall not exceed 4.75 mm. The CRM shall be sufficiently dry so that the CRM will be free flowing and not produce foaming when combined with the blended paving asphalt and asphalt modifier mixture. Calcium carbonate or talc may be added at a maximum amount of 3 percent by mass of CRM to prevent CRM particles from sticking together. The CRM shall have a specific gravity between 1.1 and 1.2 as determined by California Test 208. Scrap tire CRM and high natural CRM shall be delivered to the production site in separate bags and shall be sampled and tested separately. CRM material shall conform to the following requirements of ASTM Designation: D 297: 4 SP 24 of 30 Test Parameter Percent Min. Max. Acetone Extract 6.0 16.0 Ash Content — 8.0 Carbon Black Content 28.0 38.0 Rubber Hydrocarbon 42.0 65.0 Natural Rubber Content 22.0 39.0 WIN Test Parameter Percent Min. Max. Acetone Extract 4.0 16.0 Rubber Hydrocarbon %0 — Natural Rubber Content 40.0 48.0 The CRM for asphalt- rubber binder shall conform to the gradations specified below when tested in conformance with the requirements in ASTM Designation: C 136, except as follows: A. Split or quarter 100 g ± 5 g from the CRM sample and dry to a constant mass at a temperature of not less than 57 °C or more than 63 °C and record the dry sample mass. Place the CRM sample and 5.0 g of talc in a 0.5 -L jar. Seal the jar, then shake it by hand for a minimum of one minute to mix the CRM and the talc. Continue shaking or open the jar and stir until particle agglomerates and clumps are broken and the talc is uniformly mixed. B. Place one rubber ball on each sieve. Each ball shall have a mass of 8.5 g ± 0.5 g, have a diameter of 24.5 mm ± 0.5 mm, and shall have a Shore Durometer "A" hardness of 50 ± 5 in conformance with the requirements in ASTM Designation: D 2240. After sieving the combined material for 10 minutes ± 1 minute, disassemble the sieves. Material adhering to the bottom of a sieve shall be brushed into the next finer sieve. Weigh and record the mass of the material retained on the 2.36 -mm sieve and leave this material (do not discard) on the scale or balance. Observed fabric balls shall remain on the scale or balance and shall be placed together on the side of the scale or balance to prevent the fabric balls from being covered or disturbed when placing the material from finer sieves onto the scale or balance. The material retained on the next finer sieve (2.00 -mm sieve) shall be added to the scale or balance. Weigh and record that mass as the accumulative mass retained on that sieve (2.00 -mm sieve). Continue weighing and recording the accumulated masses retained on the remaining sieves until the accumulated mass retained in the pan has been determined. Prior to discarding the CRM sample, separately weigh and record the total mass of fabric balls.in the sample. C. Determine the mass of material passing the 75 -pm sieve (or mass retained in the pan) by subtracting the accumulated mass retained on the 75 -pm sieve from the accumulated mass retained in the pan. If the material passing the 75 -um sieve (or mass retained in the pan) has a mass of 5 g or less, cross out the recorded number for the accumulated mass retained in the pan and copy the number recorded for the accumulated mass retained on the 75 -pm sieve and record that number (next to the crossed out number) as the accumulated mass retained in SP 25 of 30 the pan. If the material passing the 75 -pm sieve (or mass retained in the pan) has a mass greater than 5 g, cross out the recorded number for the accumulated mass retained in the pan, subtract 5 g from that number and record the difference next to the crossed out number. The adjustment to the accumulated mass retained in the pan is made to account for the 5 g of talc added to the sample. For calculation purposes, the adjusted total sample mass is the same as the adjusted accumulated mass retained in the pan. Determine the percent passing based on the adjusted total sample mass and record to the nearest 0.1 percent. CRM GRADATIONS Sieve Size Scrap Tire CRM Percent Passing High Natural CRM Percent Passing 2.36 -mm 100 100 2.00 -mm 98 -100 100 1.18 -mm 45 -75 95 -100 600-pm 2 -20 35 -85 300-pm 0 -6 10 -30 150-pm 0 -2 0 -4 75- m 0 0 -1 600 -2.1.5 ASPHALT - RUBBER BINDER Asphalt- rubber binder shall consist of a mixture of paving asphalt, asphalt modifier, and crumb rubber modifier. At least 2 weeks before the binder's intended use, the Contractor shall furnish the Engineer 4 one -liter cans filled with the asphalt- rubber binder proposed for use on the project. The Contractor shall supply the Engineer, for approval, a binder formulation and samples of the materials to be used in the asphalt- rubber binder at least 2 weeks before construction is scheduled to begin. The binder formulations shall consist of the following information: A. Paving Asphalt and Modifiers: 1. Source and grade of paving asphalt. 2. Source and identification (or type) of modifiers used. 3. Percentage of asphalt modifier by mass of paving asphalt. 4. Percentage of the combined blend of paving asphalt and asphalt modifier by total mass of asphalt- rubber binder to be used. 5. Laboratory test results for test parameters shown in these special provisions. B. Crumb Rubber Modifier (CRM): 1. Source and identification (or type) of scrap tire and high natural CRM. 2. Percentage of scrap tire and high natural CRM by total mass of the asphalt- rubber blend. 3. If CRM from more than one source is used, the above information will be required for each CRM source used. 4. Laboratory test results for test parameters shown in these special provisions. SP 27 of 30 ASPHALT- RUBBER BINDER NOTE: The viscosity test shall be conducted using a hand held Haake Viscometer Model VT -02 with Rotor 1, 24 mm in depth x 53 mm in height, or equivalent, as determined by the Engineer. The accuracy of the viscometer shall be verified by comparing the viscosity results obtained with the hand held viscometer to 3 separate calibration fluids of known viscosities ranging from 1000 to 5000 Pa • s (x10 -3). The viscometer will be considered accurate if the values obtained are within 300 Pa • s (x10-3) of the known viscosity. The known viscosity value shall be based on the fluid manufacturers standard test temperature or the test temperature versus viscosity correlation table provided by the fluid manufacturer. Viscometers used on the project shall be verified to be accurate. The test method for determining the viscosity of asphalt- rubber binder using a hand held viscometer is available at the Transportation Laboratory, Pavement Branch, Telephone (916) 227 -7300. The accuracy verification results shall be provided to the Engineer and shall be certified by a Certificate of Compliance. The Certificate of Compliance shall be furnished to the Engineer in conformance with the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications. The Contractor shall provide a Haake Viscometer, or equivalent, at the production site during combining of asphalt- rubber binder materials. The Contractor shall take viscosity readings of asphalt- rubber binder from samples taken from the feed line connecting the storage and reaction tank to the asphalt concrete plant. Readings shall be taken at least every hour with not less than one reading for each batch of asphalt - rubber binder. The Contractor shall log these results, including time and asphalt- rubber binder temperature, and a copy of the log shall be submitted to the Engineer on a daily basis. As determined by the Engineer, the Contractor shall either notify the Engineer at least 15 minutes prior to each test or provide the Engineer a schedule of testing times. The reacted asphalt- rubber binder shall be maintained at a temperature of not less than 190 °C nor more than 218 °C. If any of the material in a batch of asphalt- rubber binder is not used within 4 hours after the 45- minute reaction period, heating of the material shall be discontinued. Any time the asphalt - rubber binder cools below 190 °C and is reheated shall be considered a reheat cycle. The total number of reheat cycles shall not exceed 2. The material shall be uniformly reheated to a temperature of not less than 190 °C nor more than 218 °C prior to use. Additional scrap tire CRM may be added to the reheated binder and reacted for a minimum of 45 minutes. The cumulative amount of additional scrap tire CRM shall not exceed 10 percent of the total binder mass. Reheated asphalt- rubber binder shall conform to the provisions for asphalt- rubber binder. 600 -2.1.6 EQUIPMENT FOR PRODUCTION OF ASPHALT- RUBBER BINDER The Contractor shall utilize the following equipment for production of asphalt - rubber binder: ASTM Test Requirement Test Parameter Method Min. Max. Cone Penetration @ D 217 25 70 25 °C, 1/10 mm Resilience @ 25 °C, D 3407 18 — Percent rebound Field Softening Point, D 36 52 74 "C Viscosity @ 190 °C, See Note 1500 4000 Pa•s x103 NOTE: The viscosity test shall be conducted using a hand held Haake Viscometer Model VT -02 with Rotor 1, 24 mm in depth x 53 mm in height, or equivalent, as determined by the Engineer. The accuracy of the viscometer shall be verified by comparing the viscosity results obtained with the hand held viscometer to 3 separate calibration fluids of known viscosities ranging from 1000 to 5000 Pa • s (x10 -3). The viscometer will be considered accurate if the values obtained are within 300 Pa • s (x10-3) of the known viscosity. The known viscosity value shall be based on the fluid manufacturers standard test temperature or the test temperature versus viscosity correlation table provided by the fluid manufacturer. Viscometers used on the project shall be verified to be accurate. The test method for determining the viscosity of asphalt- rubber binder using a hand held viscometer is available at the Transportation Laboratory, Pavement Branch, Telephone (916) 227 -7300. The accuracy verification results shall be provided to the Engineer and shall be certified by a Certificate of Compliance. The Certificate of Compliance shall be furnished to the Engineer in conformance with the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications. The Contractor shall provide a Haake Viscometer, or equivalent, at the production site during combining of asphalt- rubber binder materials. The Contractor shall take viscosity readings of asphalt- rubber binder from samples taken from the feed line connecting the storage and reaction tank to the asphalt concrete plant. Readings shall be taken at least every hour with not less than one reading for each batch of asphalt - rubber binder. The Contractor shall log these results, including time and asphalt- rubber binder temperature, and a copy of the log shall be submitted to the Engineer on a daily basis. As determined by the Engineer, the Contractor shall either notify the Engineer at least 15 minutes prior to each test or provide the Engineer a schedule of testing times. The reacted asphalt- rubber binder shall be maintained at a temperature of not less than 190 °C nor more than 218 °C. If any of the material in a batch of asphalt- rubber binder is not used within 4 hours after the 45- minute reaction period, heating of the material shall be discontinued. Any time the asphalt - rubber binder cools below 190 °C and is reheated shall be considered a reheat cycle. The total number of reheat cycles shall not exceed 2. The material shall be uniformly reheated to a temperature of not less than 190 °C nor more than 218 °C prior to use. Additional scrap tire CRM may be added to the reheated binder and reacted for a minimum of 45 minutes. The cumulative amount of additional scrap tire CRM shall not exceed 10 percent of the total binder mass. Reheated asphalt- rubber binder shall conform to the provisions for asphalt- rubber binder. 600 -2.1.6 EQUIPMENT FOR PRODUCTION OF ASPHALT- RUBBER BINDER The Contractor shall utilize the following equipment for production of asphalt - rubber binder: SP 28 of 30 A. An asphalt heating tank equipped to heat and maintain the blended paving asphalt and asphalt modifier mixture at the necessary temperature before blending with the CRM. This unit shall be equipped with a thermostatic heat control device and a temperature reading device and shall be accurate to within ± 3 °C and shall be of the recording type. B. A mechanical mixer for the complete, homogeneous blending of paving asphalt, asphalt modifier, and CRM. Paving asphalt and asphalt modifier shall be introduced into the mixer through meters conforming to the provisions in Section 9 -1.01, "Measurement of Quantities," of the Standard Specifications. The blending system shall be capable of varying the rate of delivery of paving asphalt and asphalt modifier proportionate with the delivery of CRM. During the proportioning and blending of the liquid ingredients, the temperature of paving asphalt and the asphalt modifier shall not vary more than ± 14 °C. The paving asphalt feed, the asphalt modifier feed, and CRM feed shall be equipped with devices by which the rate of feed can be determined during the proportioning operation. Meters used for proportioning individual ingredients shall be equipped with rate -of -flow indicators to show the rates of delivery and resettable totalizers so that the total amounts of liquid ingredients introduced into the mixture can be determined. The liquid and dry ingredients shall be fed directly into the mixer at a uniform and controlled rate. The rate of feed to the mixer shall not exceed that which will permit complete mixing of the materials. Dead areas in the mixer, in which the material does not move or is not sufficiently agitated, shall be corrected by a reduction in the volume of material or by other adjustments. Mixing shall continue until a homogeneous mixture of uniformly distributed and properly blended asphalt- rubber binder of unchanging appearance and consistency is produced. The Contractor shall provide a safe sampling device capable of delivering a representative sample of the completed asphalt- rubber binder of sufficient size to permit the required tests. C. An asphalt- rubber binder storage tank equipped with a heating system furnished with a temperature reading device to maintain the proper temperature of the asphalt- rubber binder and an internal mixing unit capable of maintaining a homogeneous mixture of paving asphalt, asphalt modifier, and CRM. The equipment shall be approved by the Engineer prior to use. 600 -2.1.7 AGGREGATE The aggregate for Type G rubberized asphalt concrete shall conform to the following grading and shall meet the quality provisions specified for Type A asphalt concrete in Section 39 -2.02, "Aggregate," of the Standard Specifications, except as follows: A. California Test 211, Los Angeles Rattler loss at 500 revolutions shall be 40 percent maximum. B. California Test 205, Section D, definition of a crushed particle is revised as follows: "A particle having 2 or more fresh mechanically fractured faces shall be considered a crushed particle." C. The swell and moisture vapor susceptibility requirements shall not apply. SP 29 of 30 The symbol "X" in the following table is the gradation which the Contractor proposes to furnish for the specific sieve. Aggregate Grading Requirements Percentage Passing 12.5 -mm maximum Sieve Size Limits of Proposed Gradation Operating Range Contract Compliance 19 -mm — 100 100 12.5 -mm — 90 -100 90 -100 9.5-mm 83 -87 X ±5 X ±7 4.75-mm 33 -37 X ±5 X ±7 .36 -mm 18 -22 X ±4 X ±5 000-PM 8 -12 X ±4 I X ±5 [75-pm — 2 -7 1 0 -8 600 -2.1.8 PROPORTIONING, SPREADING AND COMPACTING When batch type asphalt concrete plants are used to produce Type G rubberized asphalt concrete, the asphalt- rubber binder and mineral aggregate shall be proportioned by mass. When continuous mixing type asphalt concrete plants are used to produce Type G rubberized asphalt concrete, the asphalt - rubber binder shall be proportioned by an asphalt meter of the mass flow, Coriolis effect type. The meter shall have been Type - approved by the Division of Measurement Standards prior to the start of production. The meter shall be calibrated in conformance with the requirements in California Test 109. The meter shall be interfaced with the existing continuous mixing plant controller in use on the asphalt concrete plant, Type G rubberized asphalt concrete shall be placed only when the atmospheric and pavement surface temperatures are 13 °C or above. When the atmospheric and pavement surface temperature is 18 °C or higher, the following shall apply: A. The temperature of the aggregate shall not be greater than 163 °C at the time the asphalt- rubber binder is added to the aggregate. B. Type G rubberized asphalt concrete shall be spread at a temperature of not less than 138 °C or more than 163 °C, measured in the mat directly behind the paving machine. C. The first coverage of initial or breakdown compaction shall be performed when the temperature of the Type G rubberized asphalt concrete is not less than 135 °C. Breakdown compaction shall be completed before the temperature of the Type G rubberized asphalt concrete drops below 121 °C. When the atmospheric or pavement surface temperature is below 18 °C, the following shall apply: A The temperature of the aggregate shall not be less than 149 °C nor more than 163 °C at the time the asphalt- rubber binder is added to the aggregate. SP 30 of 30 B. The Contractor shall cover the loads of Type G rubberized asphalt concrete with tarpaulins. The tarpaulins shall completely cover the exposed Type G rubberized asphalt concrete until the Type G rubberized asphalt concrete has been completely transferred into the asphalt concrete paver hopper or deposited on the roadbed. C. Type G rubberized asphalt concrete shall be spread at a temperature of not less than 143 °C nor more than 163 °C, measured in the mat directly behind the paving machine. D. The first coverage of initial or breakdown compaction shall be performed when the temperature of the Type G rubberized asphalt concrete is not less than 138 °C. Breakdown compaction shall be completed before the temperature of the Type G rubberized asphalt concrete drops below 127 °C. Pneumatic tired rollers shall not be used to compact Type G rubberized asphalt concrete. Alternative compacting equipment conforming to the provisions in Section 39 -6.03, "Compacting," of the Standard Specifications shall be used to compact the Type G rubberized asphalt concrete. Traffic shall not be allowed on the Type G rubberized asphalt concrete until final rolling operations have been completed and sand has been applied to the surface. 600 -2.1.9 Measurement and Pavement Rubberized asphalt concrete (Type G) will be measured and paid for by the tonne in the same manner specified for asphalt concrete in Section 39 -8, "Measurement and Payment," of the Standard Specifications. Full compensation for furnishing and spreading sand on the rubberized asphalt concrete surface and for sweeping and removing excess sand from the pavement surface shall be considered as included in the contract price paid per tonne for rubberized asphalt concrete (Type G) and no separate payment will be made therefor. 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section, "Asphalt- rubber hot mix gap - graded material shall be compacted at or above 280 degrees Fahrenheit (138° Celsius). 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 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 than the required 95 percent compaction, the unit for bid item No. 6, Construct 2" Thick ARHM Pavement, 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 Contractor's sole expenses. No additional working days will be allowed for this remedial work." (k) Exhibit 15.1 e U z Q H S � ea �o o m JD c — in— — ro- N ow�% rr4,% - z z �o zO0 H H C0 LL �scu —. L ixf W LJJ a 0 %%MWWI %%W..00 N 03 .09 �TT V! T �1 a) �I CI 0 a� $ O O a O 2 CL Page 1 of 4 - Z) - X T a� CL E'' U U O O L iL u v 0 ti I. •• y m �C N Cq1 m q O E c v 4 E h Oki � d MA J- Page 2 of 4 L y E m • r y z n. oils.. .� o / W fh l U a LL 0 n Gi T N t a y c a m �l it IF Iti�l c °7 o 0�0 t N Page 3 of 4 a M U a 2 i 1 Jx w0 M t D m „ O C', c °7 o 0�0 t N Page 3 of 4 a M U a 2 i Jx w0 M t D m „ O C', Z a Q a:a� m W C m o moo U. o v' E ram E z'3 ''ma'Eo Framing member Wood Post Flat Washer;-' nut and jam nut TYPICAL BOLT INSTALLATION DETAIL 13 Sign Panel 318" hex head bolt Flat washer Fiber washer Fret weld ae arour d In and out on material Y and Iteox. ado beads jw&a IMM turd track WoM around outsldso* on 1' material For r9OUVUler. atbino, Wald all around and orind where weld contacts sign Dansl. Page 4 of 4 WELD DETAIL Detail C SHEET 4 of 4 California Regional Water t1uanty t-:ontroi boars ( \- Santa Ana Region Intemct Address: At)An 5w cb.ca.gov Peter M. Rwacy Pete Witsoe P 7777 Main Str ( Suite 300, 0 Riverside. FA 909) 78 is 925017739 .9e[Ie r CiOKIMe Fwrelona Wd Poore (909) 78241)0 . FAx (9o9J 781 S2EE P'wenion September 24, 1998 Michael J. Sinacori City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92625 WASTE DISCHARGE REQUIREMENTS, ORDER NO. 98-67, NPDES NO. CAG998001 (DE MINIM-US DISCHARGES), CITY OF NEWPORT BEACH, ORANGE COUNTY Dear Mr. Sinacori: On August 24, 1998, you submitted a Notice of Intent to continue discharging wastewater from various projects and sites within the City of Newport Beach under the terms and conditions of Regional Board's newly adopted general permit, Order No. 98 -67. This newly adopted order replaces Order No. 93 -49, under which you previously had authorization to discharge. Effective immediately, you are authorized to discharge wastewater under the terms and conditions of Order No. 98 -67. Enclosed is Monitoring and Reporting Program No. 98 -67 -049 which specifies the frequency of sampling and constituents that must be monitored. Please note that modifications to the sampling frequency and constituents to be monitored can be considered on a case -by -case basis. Order No. 98 -67 will expire on July 1, 2003. However, if you wish to terminate coverage under this general permit prior to that time, please notify us immediately upon project completion so that we can rescind this authorization and avoid billing you an annual fee of $400.00 If you have any questions regarding the permit or the monitoring and reporting program, please contact Wanda Smith at (909) 782 -4468 or Susan Beeson at (909) 782 -4902. Sincerely, t Gerar . Thibeault Executive Officer Enclosure: Monitoring and Reporting Program No. 98 -67 -049 cc w/o enc: U.S. EPA, Region IX - Terry Oda (WTR -5) S %VRCB, D W Q - John Youngennan SK8(c)data1n6.doc California Environmental Protection Agency 0 Recwled Pa/ae California Regional Water Quality Control Board Santa Ana Region Monitoring and Reporting Program No. 98 -67 -049 for City of Newport Beach le Monitoring and Reporting Requirements 1. All monitoring reports, or information submitted to the Regional Board shall be signed and certified in accordance with CFR 12122 2. All sampling, sample preservation, and analysis shall be performed in accordance with the latest edition of 40 CFR Part 136 "Guidelines Establishing Test Procedures for the Analysis of Pollutants ", promulgated by the United States Environmental Protection Agency, unless otherwise noted. In addition, the Board and/or EPA, at their discretion, may specify test methods which are more sensitive than those specified in 40 CFR 136. 3. All analytical data shall be reported with method detection limits (MDLs) and with identification of either practical quantitation levels (PQLs) or limits of quantitation (LOQs). 4. Whenever the discharger monitors any pollutant more frequently than is required by this general permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the discharge monitoring report specified by the Executive Officer. 5. The discharger shall deliver a copy of each monitoring report in the appropriate format to: California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 6. The discharger shall assure that records of all monitoring information are maintained and accessible for a period of at least five years from the date of the sample, report, or application. This period of retention shall be emended during the course of any unresolved litigation regarding this discharge or by the request of the Board at any time. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling, and/or measurements; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses: C, The analytical techniques or methods used; f Ail sampling and analytical results; g. All monitoring equipment calibration and maintenance records; Page 1 of! MBRP 98 -67 -049 NPDU No. G4G998001 Gty ofNewporl>iroch h. All original strip charts from continuous monitoring devices; i. All data used to complete the application for this general permit, and; j. Copies of all reports required by this general permit. 7. Weekly samples shall be collected on a representative day of each week. H. Effluent Monitoring Page 1 of I A sampling station shall be established for the point of discharge where representative samples of the discharge can be obtained before the discharge mixes with the receiving waters. Z. The following shall constitute the effluent monitoring program: Constituent, Type of Sample units Minimum Frequency of Sampfing and Analysis Flow — gpd Daily Methylene Blue Active Substances' Grab mgA During the first 30 minutes of each discharge and then weekly, thereafter Total Residual Chlorine Z 3 Grab mgA During the first 30 minutes of each discharge and then weekly, thereafter Suspended Solids' Grab mg/l During the first 30 minutes of each discharge and then weekly, thereafter Total Inorganic Nitrogen' Grab mgn During the first 30 minutes of each discharge and then weekly, thereafter Sulfides s Grab mg/[ During the first 30 minutes of each discharge and then weekly, thereafter Phosphorous a Grab MO During the first 30 minutes of each discharge and then weekly, thereafter Total Petroleum Hydrocarbons' Grab PE During the first 30 minutes of each discharge and then weekly, thereafter J Onlyfar groundwarer dcwatrring projects in the vicinity of octise sewer liner. Z Unless it is kno.n that chlorine is not in the discharge. 3 Not applicable iif all wasieunter will percolate prior to reaching receiving waters. I OnlyJor discharges from construction dewoiering wastes, wastes association with well installation. development. test pumping and purging, aquifer testing wastes. dewmcring wastes from subterranean seepage and similar wastes discharging into the Son Diego Creek/,V"port Bay watershed. 3 Only for groundwater dewotering projenr. 6 Only for groundwater dewarering projects in on area where gasoline leaks. spills, or conaminalion has occurred. or where octi v grou duarer remeXarion projects are occurring (i.e.. service stmion leaking underground storage lank). MARP 98-67 -0/9 NPDES Na. UG998001 Gry OfNewporr Beach III. Reporting Page 3 of I Five days prior to any discharge from locations already reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the date and time of the proposed discharge. 2. Five days prior to any planned discharge' from locations not yet reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the following: a. Specific type of the proposed wastewater discharge (see listing on Finding 2. of the Order); b. The estimated average and maximum daily flow rates; C. The frequency and duration of the discharge; d. The affected receiving water(s); e. A description of the proposed treatment system (if appropriate); and f. A description of the path from the point of initial discharge to the ultimate location of discharge (fax a map if possible). 3. Monitoring reports shall be submitted by the 30th day of each month. The monitoring reports shall cover the previous month's monitoring activities and shall include: a. The results of all laboratory analyses for constituents required to be monitored (see Section H., above), b. The daily flow data, C. A summary of the discharge activities (when and where discharge occurred, description of type of discharge, etc.) including a report detailing the discharger's compliance or noncompliance with the requirements of the general permit and discharge authorization letter, and d. For every item where the requirements of the general permit and discharge authorization letter are not met: (1) A statement of the actions undertaken or proposed which will bring the discharge into full compliance with requirements at the earliest time, and 7 For those unplanned discharges, as much prior notification as possible is required before any discharge is initiated. M&RP 9847 -049 WDES Na CAG"4001 Page l of 4 City of lv wport Peach (2) A timetable for implementing the proposed actions. C. If no discharge occurs during the previous monitoring period, a letter to that effect shall be submitted in lieu of a monitoring report. 4. All reports shall be signed by a responsible officer or duly authorized representative of the discharger and shall be submitted under penalty of perjury. Ordered by J, Thibieault Executive Officer September 24, 1998 Ca;ifornia Regional Water Quality Control Board Santa Arta Region ORDER NO. 98 -67 NPDES No. CAG998001 GENERAL WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES TO SURFACE WATERS ul-31CH POSE AN INSIGNIFICANT (DE MINIMUS) THREAT TO WATER QUALITY The California Regional Water Quality Control Board, Santa Ana Region (hereinafter Board), finds that: On Jul} 16. 1993, the Board adopted Order No. 9349, NTDES No. CA8000234' prescribing waste discharge requirements for various types of waste discharges posing an insignificant threat to water quality. The types of discharges regulated under Order No. 93-39 include: a. Construction dewatering wastes; b. k'astes associated with well installation, development- test pumping and purging; C. Aquifer testing wastes; d. Dewatering wastes from subterranean seepage; and e. Wastewater from hydrostatic testing. 2. On 'March 8, 1996, the Board adopted Order No. 96-17, amending Order No. 9349 to include the following specific t)Ws of waste discharges (hereinafter de minimus discharges): a. Construction dewatering wastes; b. wastes associated with well installation, development, test pumping and purging; C. Aquifer testing wastes; d. Dewatering wastes from subterranean seepage, except for discharges from utility company vaults; e. Discharges resulting from hydrostatic testing of vessels. pipelines, tanks, etc.; f. Discharges resulting from the maintenance of potable water supply pipelines, tanks. reservoirs, etc.; g. Discharges resulting from the disinfection of potable water supply pipelines. tanks. reservoirs, etc.: h. Discharges from potable water supply systems resulting from system failures. pressure releases, etc.; 1. Discharges from dre hydrant testing or flushing: The M1PDES number Nas ;crer :hanged to CdG998001 Order .No 9.4 -67. NPDES Vo, C4G998001 De Alinimus Discharg: s Page 2 of I3 j. Non- contact cooling water; L. Air conditioning condensate; 1. Swimming pool drainage; M. Discharges resulting from diverted stream flows: and n. Other similar types of wastes which pose a de mirtimus threat to water quality yet technically must be regulated under waste discharge requirements. 3. Order No. 93 49, as amended, satisfied all the criteria cited in 40 CFR' 122.28 and as such, was classified as a General NPDES Permit. 40 CFR 122.28 pertains to the issuance of general permits to regulate discharges of waste which meet the following criteria: a. Invoke the same or substantially similar types of operations; b. Are of the same types; C' Require the same effluent limitations or operating conditions; d. Require the same or similar monitoring; and e. Are more appropriately regulated under a general permit rather than individual permits. 4. Order No. 93-49, as amended, has expedited the processing of numerous applications for waste discharge requirements and the early implementation of projects requiring waste discharge requirements. The general NPDES permit has allowed the Regional Board to better utilize limited staff resources. 5. Order No. 93-49, as amended, expired on July 1, 1998. To date, 78 dischargers have been authorized to discharge wastewater under the general permit and 58 dischargers are still active. Most of these authorized dischargers will wish to continue their coverage under the general permit. Approximately 16 new applications for coverage under the general permit are received each year. Therefore, renewal of this general permit is necessary to expedite the permitting process. 6. A revised Rater Quality Control Plan (Basin Plan) became effective on January 24. 1995. The Basin Plan contains beneficial uses and water quality objectives for waters in the Santa Ana Region. 7. The existing and potential beneficial uses of surface waters in the Santa Ana Region include: a. Agricultural Supply, b. Cold Freshwater Habitat. C. Commercial and Sporifishing, d. Estuarine Habitat. z CFR is the Code of Federal Regulations J e OrderSo. 93 -6'. S'PDES.%'o. C4G993001 De . entmus Descharges e. Groundwater Recharge. f. Hydropower Generation. g. Industrial Service Supply. h. Industrial Process Supply. i. Limited Warm Freshwater Habitat, j. Marine Habitat, k. Municipal and Domestic Supply, 1. Naciaation, M. Non- contact Water Recreation, n. Preservation of Biological Habitats of Special Significance, o. Rare. Threatened or Endangered Species, P. Shellfish Harvesting, q. Spawning, Reproduction, and Development, r. Water Contact Recreation, S. Warm Freshwater Habitat. and t. Wildlife Habitat. Page 3 of l3 8. Many surface waters within the region recharge underlying groundwater basins. The existing and potential beneficial uses of groundwater within the Santa Ana Region include: a. 'Municipal and Domestic Supply, b. agricultural Supply, C. Industrial Service Supply. and d. Industrial Process Supply. 9. The requirements contained in this general permit are necessary to implement the Basin Plan. 10. In accordance with Section 303(d) of the Clean Water Act (CWA), the Regional Board listed San Diego Creek and Newport Bay as water quality limited due to excessive nutrient input. On April 17, 1998, the Regional Board adopted a Basin Plan amendment (Resolution No. 98 -9), incorporating a San Diego Creek Newport Bay Watershed Nutrient Total Maximum Daily Load (TMDL). The Basin Plan amendment will become effectiLe upon approval by the State Water Resources Control Board and the Office of Administrative Law, The TMDL specifies loading targets for both nitrogen and phosphorus and includes allocations of those loads among point and nonpoint sources. Implementation of the TMDL is intended and expected to assure compliance with water quality objectives and the protection of beneficial uses. Order No 9S- 67.S'PDESNo CAG993001 De Mimmus Discharges Page a of 3 11. In accordance with the approved Nutrient T.%IDL (Part 2b. Phase I of the Nutrient TMDL, Section 3. Revision of Existing Waste Discharge Requirements. Paragraph c..) this general permit requires discharges from construction de«atering wastes, wastes associated with well installation, decclopment, test pumping and purging, aquifer testing wastes, dewatering wastes from subterranean seepage (as listed in Finding 2.a through 2.d., above) and similar wastes discharging into the San Diego Creek'Newport Bay watershed to be monitored for total nitrogen and phosphorus. These data will be used to develop appropriate wasteload allocations for these discharges. (De minimus discharges as listed in Finding 2.e. through Finding 2.n., above, are not expected to contain any appreciable amount of phosphorus or nitrogen; therefore, monitoring for these constituents is not necessary for these type of discharges). (see Attachment B for San Diego Creek/New-pori Bay Watershed Map). 12. This general permit does not preempt or supersede the authority of municipalities, flood control agencies, or other local agencies to prohibit_ restrict, or control discharges of waste to storm drain systems or other water courses subject to their jurisdiction. 13. This general permit regulates de minimus discharges (as listed in Findings No. 2., above) to surface waters. Entity(ies)/individual(s) proposing de minimus discharges are hereinafter referred to as "discharger' and are subject to the terms and conditions of this general permit. r 14. For coverage under this general permit, a discharger is required to submit a completed Notice of Intent Form (see Attachment A of this Order) together with other information required in Section H. "APPLICATION REQUIREIMENTS:" and to receive approval from the Executive Officer. If the proposed discharge meets the requirements of this general permit, the Executive Officer will provide the discharger with a written authorization to initiate the discharge. If not, an individual NPDES permit will be developed for consideration by the Regional Board. 15. Any discharger proposing de minimus discharges at multiple locations within the Santa Ana Region may be covered under one discharge authorization letter on a case by case basis, subject to the approval of the Executive Officer. 16, The Executive Officer may require any discharger authorized under this general permit to apply for and obtain an individual NPDES permit. Cases inhere an individual NPDES permit may be required include the following: a. The discharger is not in compliance with the conditions of this general perrr t or the discharge authorization letter from the Executive Officer. b. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source, OrJer vo 98- 67..',PDES.Vo C4G99S001 Page ? of 13 De Slmimus Discharg.s C. Effluent limitation guidelines are promulgated for point sources covered by the general NPDES permit; d. Changes to the water quality control plan containing requirements applicable to such point sources are approved; C. The requirements of 40 CFR 122.28 (a) are not met; or f. The discharge may adversely affect the water quality objectives of the receiving eater. 17. De minimus discharges complying with the provisions and requirements of this general permit are not expected to violate the applicable water quality standards. 18. The de minimus discharges described in Finding No. 2 above are not expected to cause toxicity, therefore no toxicity limits are specified in this general permit. 19. Effluent limitations and national standards of performance established pursuant to Section 301. 302, 303(d), 304, 306, and 307 of the Federal CWA and amendments thereto are applicable to this type of discharges. 20. On June 8. 1989, pursuant to 40 CFR 122.28, the State Water Resources Control Board (hereinafter State Board), applied to the Environmental Protection Agency (hereinafter EPA) for revisions of its NPDES program in accordance with 40 CFR 123.62 and 403.10. The application included a request to add general permit authority to its approved NPDES program. On September 22, 1989, Region IX EPA approved the State Board's request and granted authorization for the State's issuance of general NPDES permits. 21. The Regional Board has considered antidegradation pursuant to 40 CFR 13 1. 12 and State Board Resolution No. 68 -16 and finds that de mirtimus discharges are consistent with those provisions. .2. In accordance with Califomia Water Code Section 13389, the issuance of waste discharge requirements for de minimus discharges is exempt from those provisions of the California Environmental Quality Act contained in Chapter 3 (Commencing with Section 21100), Division 13 of the Public Resources Code. 21 The Regional Board has notified interested agencies and persons of its intent to issue general waste discharge requirements for de minimus discharges, and has provided them with an opportunity to submit their written views and recommendations. 24. The Regional Board, in a public meeting, heard and considered all comments pertaining to general waste discharge requirements for de minimus discharges. Order No. 98.61.. PDESVo C4G998001 De Mirrimus Dathages Page 6 of 13 IT IS HEREBY ORDERED that dischargers, their agents. successors, and assigns, "ho are discharging the types of wastes listed in Findings No. ?. above, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder and the provisions of the Clean Water Act as amended and regulations and guidelines adopted thereunder. shall comply with the following: A. DISCHARGE SPECIFICATIONS: 1. The discharge of wastewater shall not contain constituent concentrations in excess of the followin¢ limits: Constituents Mwdmum Concentration Oil and Grease 15 mg,1 Sulfides 0.4 melt Total Residual Chlorine ' 0.1 mg'1 Total Suspended Solids' 75 mg,1 It Total Petroleum Hydrocarbons 100 µg,1(ppb) 2. The pH of the discharge shall be within 6.5 and 8.5 pH units. 3. There shall be no visible oil and grease in the discharge. B. RECEVVING WATER LIMITATIONS: The discharge of wastes shall not cause a violation of any applicable water quality standard for receiving waters adopted by the Regional Board or the State Board, as required by the Federal CWA and regulations adopted thereunder. 2. The discharge shall not cause any of the following: a. Coloration of the receiving waters which causes a nuisance or adversely affect beneficial uses. b. Result in deposition of oil, grease, wax or other materials in concentrations which result in a visible film cr in coating objects in the water, or which cause a nuisance or affect beneficial uses. 3 Compliance shall be determined at a point before wastewater raises with any receiving watcr. 4 Not applicable if all wastewater twill percolate prior to reaching any receiving water. Order .%:- 4: -b'. NPDES 1 "o CAG998001 Page -of 13 De,tLn;mw Discharges C. The increase in the amounts of suspended or settleable solids of the receiving waters which will cause a nuisance or adversely affect beneficial uses as a result of controllable water quality factors. d. Contain taste or odor producing substances at concentrations which cause a nuisance or adversely affect beneficial uses. e. The presence of radioactive materials in concentrations which are deleterious to human, plant or animal life. f The depletion of the dissolved oxygen concentration below S.0 mg I in the receiving water. In addition, the waste discharge shall not cause the median dissolved oxygen concentration to fall below 8S% of saturation or the 95th percentile concentration to fall below 75% of saturation within a 30-day period. g. Raise the temperature of the receiving waters above 90 °F (32 °C) which normally occurs during the period of June through October, or above 78 °F (26`C) during the rest of the year. h. Pollutants not specifically mentioned and limited in this Order shall not be discharged at levels that will bioaccumulate in aquatic resources to levels which are harmful to human health. C. PROHIBITIONS: The discharge of oil, trash. industrial waste sludge, or other solids directly to the surface waters in this region or in any manner which could ultimately affect surface waters in this region is prohibited. 2. The discharge of any substances in concentrations toxic to animal or plant life is prohibited. 3. Odors, vectors, and other nuisances of waste origin are prohibited beyond the limits of each discharger's facility. 4. Unless approved by the Executive Officer, the addition of chemicals to the discharge is prohibited. D. PROVISIONS: Neither the treatment or discharge of pollutants shall create a nuisance or pollution as defined by Section 1 3050 of the California Water Code. Order No. 98 -67 , VDES .Vb C4G99.4001 De Ahnimus Durh.;rges Page 8 of 13 2. This general permit shall serve as a National Pollutant Discharge Elimination System permit pursuant to Section 402 of the Federal C\VA or amendments thereto. This general permit shall become effective 10 days after the date of its adoption provided the Regional Administrator of the Environmental Protection Agency has no objections. If the Regional Administrator objects to its issuance, the permit shall not become effective until such objection is withdrawn. 3. This general permit expires on July 1, 2003. However, it shall continue in force and effect until a new general permit is issued. Only those dischargers authorized to discharge under the expiring general permit will be regulated by the continued general permit. Upon reissuance of a new general permit, the dischargers shall file a notice of intent within 45 days of the effective date of the new general permit and obtain a new authorization to discharge from the Executive Officer. 4. Upon receipt of an application to discharge waste under this general permit, the Executive Officer shall determine whether the proposed discharge is eligible for coverage under this general permit, after which, the Executive Officer shall; a. Authorize the proposed discharge by transmitting a "Discharge Authorization Letter" to the discharge proponent (now an "authorized discharger ") or, b. Require the discharge proponent to obtain an individual NPDES permit prior to any discharge to surface waters within the Santa Ana Region. 5. The discharge authorization letter from the Executive Officer shall: a. Authorize the initiation of the proposed discharge under the terms and conditions of this Order, b. Include a Monitoring and Reporting Program developed for the proposed discharge. The discharge authorization letter may be terminated or revised by the Executive Officer at any time. 6. The Executive Officer is authorized to issue a. single discharge authorization letter to a discharger proposing unknown future de minimus discharges at multiple locations % %ithin the Santa Region. provided that the general nature of the discharges and the general locations are reported and included in the application to discharge wastes under this general permit and that at least five days prior to each discharge, more detailed infomtation regarding each discharge is reported. Order So 95 -6 -. .VP06S aCAG99S001 De Ahnmw Discharges Page 9 of 13 7. Monitoring and Reporting Program No. 98 -67 included with this general permit shall serve as a template for the Monitoring and Reporting Program (M &RP) to be issued by the Executive Officer to each discharger authorized under this general permit. Revision of the M &RP by the Executive Officer may be necessary to confirm that the discharger is in compliance with the requirements and provisions contained in this general permit. Revision may be made at any time during the term of the discharge authorization, and may include a reduction or an increase in the number of parameters to be monitored, the frequency of monitoring or the number and size of samples collected. 8. De minimus discharges from construction dewatering wastes, wastes associated with well installation, development, test pumping and purging, aquifer testing wastes, dewatering wastes from subterranean seepage (as listed in Finding 2.a through 2.d., above) and similar wastes discharging into the San Diego Creek/Newport Bay watershed shall be monitored for total nitrogen and phosphorus. 9. The discharger shall comply with all requirements of this general permit, the terms, conditions and limitations of the discharge authorization letter; and the Monitoring and Reporting Program issued by the Executive Officer. 10. The discharger shall take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment. 11. The discharger shall take all reasonable steps to minimize any adverse impact to receiving waters resulting from noncompliance with any discharge limitations specified in this general permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 12. The discharger shall comply with discharge standards or prohibitions established under section,' 07(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this general permit has not yet been modified to incorporate the requirement. 13. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect the discharger from his liabilities under federal. state. or local laws, nor guarantee the discharger a capacity right in the receiving waters. 14. The provisions of this general permit are severable, and if any provision of this general permit. or the application of any provisions of this general permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit shall not be affected thereby. 15. This general permit does not convey any property rights of any sort, or any exclusive privilege. Order No. 98-67, WDES No C 4G99Uwj1 Poge 10 of 13 De Minimus Discharger 16. An authorization to discharge wastes under this general permit is not transferable to any person except after notice to and approval by the Executive Officer. 17. Any violation of this general permit constitutes a violation of the CWA, its regulations, and the California Water Code, and is grounds for enforcement action and/or termination of the authorization to discharge. 18. Any permit noncompliance constitutes a violation of the CWA and the California Water Code and is grounds for enforcement action; for permit or authorization letter termination, revocation and reissuance, or modification; the issuance of an individual permit; or for denial of a renewal application. 19. Compliance determinations shall be based on available analyses for the time interval associated with the discharge limitation. Where only one sample analysis is available in a specified time interval (e.g.. weekly, monthly), that sample shall serve to characterize the discharge for the entire interval. 20. The Regional Board, EPA, and other authorized representatives shall be allowed: a. Entry upon premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this general permit; c b. Access to copy any records that are kept under the conditions of the general permit; c. To inspect any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. To photograph, sample and monitor for the purpose of assuring compliance with this general permit, or as otherwise authorized by the CWA. E. PERK IIT REOPENING REVISION REVOCATION AND RE- ISSUANCE-I f more stringent applicable water quality standards are promulgated or approved pursuant to Section 303 of the Federal CWA, or amendments thereto, the Board ails revise and modify this general permit in accordance with such standards. 2. This general permit may be reopened to address any changes in State or federal plans, policies or regulations which would affect the quality requirements for the discharges. 3. This general permit ma) be modified by the Regional Board prior to the expiration date to include discharge or receiving water limitations for toxic constituents determined to be present in significant amounts in the discharge through the comprehensive monitoring program included as pan of this general permit. Order So " -67. NPDES So. C IG998001 Page 11 of 13 De llininrus Discharges 4. This general permit may be modified, revoked and reissued, or terminated for cause. F. PENALTIES: The CWA provides that any person who violates a provision implementing sections 301, 302, 306, 307, or 308 of the CWA is subject to a civil penalty not to exceed 510,000 per day of such violation. Any person who willfully or negligently violates provisions implementing these sections of the CWA is subject to a fine of not less than S2,500 nor more than 525.000 per day of violation, or by imprisonment for not more than I year, or both. 2. The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall. upon conviction, be punished by a fine of not more than 510,000 per violation, or by imprisonment for not more than 6 months per violation, or by both. 3. The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than 510,000 per violation, or by imprisonment for not more than six months per violation, or by both. 4. The California 'Water Code provides that any person who violates a waste discharge requirement or a provision of the California Water Code is subject to civil penalties of up to S5,000 per day, S10,000 per day, or $25,000 per day of violation, or when the violation involves the discharge of pollutants, is subject to civil penalties of up to 510 per gallon per day, or $20 per gallon per day of violation; or some combination thereof, depending on the violation, or upon the combination of violations. G. REQUIRED REPORTS AND NOTICES- Reporting Provisions: a. All applications, reports, or information submitted to the Regional Board shall be siened and certified in accordance with 40 CFR 122.22. b. Any discharger authorized to discharge waste under this general permit shall Furnish, within a reasonable time, any information the Regional Board or EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating their authorization or this general permit. The discharger shall also furnish to the Regional Board, upon request, copies of records required to be kept by this general permit. Order.Vo. 98,67. SPDES %o C.4G99S001 Page 17 of 13 De Sl:nimus Dtschargcs C. Except for data determined to be confidential under Section 308 of the CWA, all reports prepared in accordance with the terms of this general permit shall be available for public inspection at the offices of the Regional Water Quality Control Board and the Regional Administrator of EPA. As required by the CWA, effluent data shall not be considered confidential. Knowingly making any, false statements on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act and Section 13387 of the Califomia Water Code. ?. The discharger shall give advance notice to the Regional Board of any planned changes in the permitted facility or activity that may result in noncompliance with these waste discharge requirements. 3. In the event of any change in control or ownership of land or waste discharge facilities currently owned or controlled by the discharger, the discharger shall notify, the succeeding owner or operator of the existence of their authorization to discharge wastewater under this general permit by letter, a copy of which together with the signed agreement between previous owner and the new owner accepting responsibility and liability for complying with this general permit shall be forwarded to the Executive Officer. 4. Upon completion of the project, the discharger shall notify the Executive Officer of the Regional Board in writing about cessation of the discharge and shalt request for termination of coverage under this general permit. Ii. APPLICATION REQUIREMENTS: 1. Dischargers already covered under Order No. 93 -49 and those dischargers under individual permits who wish to be and believe they can and should be covered under this renewed general permit shall submit a completed Notice of Intent Form (see Attachment A of Order No. 98 -67) within 45 days of adoption of this general permit. In addition, those dischargers who want to request a modification to the Template Monitoring and Reporting Program shall specifically state the modification being requested and shall submit information./justification supporting their request. The Executive Officer may also require the discharger to submit additional information about any recent change in ownership of facility, changes in the character and treatment of the discharges and any other relevant information that will update facility information wtuch are on the Regional Board tiles. 2. FOR A NEW DISCHARGER': At least 60 days before the start of a discharge, the discharger shall submit an application and obtain the authorization letter from the Executive Officer to discharge wastewater. The application shall consist of the following information_ New discharger hs an enht366ndit;idanl :rho is not nhnently mulhor,'zed to dix)mrge made under this general pcnwt and udio is proposing de imminus discharges to Ix covered ur;er this Seneral permit. " Order .No .98 -6-, \ "PDES. %o OG993001 Page 13 of 13 De Jfininws Disch.;rpds a. Completed Notice of Intent Form (see Attachment A of this Order). b. For projects involving well development, well purging and Groundwater extraction, a site characterization study report defining the proximity of the extraction well to known contaminated sites, the presence of contaminated groundwater onsite. contaminants and their properties, and a three dimensional assessment of the extent and concentration of contaminants in the subsurface. The study report shall include a description of the geologic and hydrologic factors that control the migration of the contaminants. It shall also include a list of known or suspected leaking underground tanks and other facilities or operations which hate, or may have impacted the quality of the underlying groundwater within 200 feet of the site. C, A report which shall include the following: I ) Characterization of the proposed wastewater discharge; 2) The estimated average and maximum daily flow rates; :) The frequency and duration of the discharge; 4) The affected receiving water(s); 5) A description of the proposed treatment system (if appropriate); and 6) A map showing the path from the point of initial discharge to the ultimate location of discharge; d. any other information deemed necessary by the Executive Officer. 1, Gerard J. Thibeault, Executive Officer, do hereby certify that the foregoing is a full, true. and correct copy of an general permit adopted by the California Regional Water Quality Control Board, Santa Ana Region, on July 10, 1998. G rd J. Thibeault Executive Officer r Attachment B ort Ba Sao Diego CrcekNc w p Y Watershed Map dI Of �e4 Watershed Boundary LEGEND: M-'°"'f°°CwN CxA+°.ti fa - tA� CHA)IQ1 Opr _ pglNall &� iL - CA. \ADA CHA`CEL rT - IµAA�A (NA1Pi41 OW- rAD.ATS-w C] '& u A ANMSANTA R CYW>U fif. CEM RVE4 CMA)YEE F N - SANT CANYON MkM �1 -SANTA AMA L'YEl IL - UT117 -i\ALE I I i - SOCiN+TST TllSrW [MA,tlEl [0S - SANTIAGO C1EII riT -100.2 GAIOM CN.A'0EE (,:. VGlilf Gf MT CMA>E O -MAAIM Ayy. DAM I°I -SANT A AMA 11w 011 \ +Rl (t) - ISDPOL CIA`Odl ryi .SANTA ANA (..AALCd C]iA. \�S1 001- SAST COST A .ESA C "?/ f N - SAA 1(tACRp ��� 1°) - IALLAA C%Akd Ca) . SANTA 5A2[L. C1CA`0E1 fA�OCANYOM [lUt0Q1 M _ p1ETw OWES CP - {10 CAMIOM awl 11 - SFi CANYON C1WQE>- r°f - 1.W bE.00 C1F27<(%A•dEE f r - AaA CXDO CNAMEE a NCOptAR`/Pe CMAVQl f IT SSl1CAM0 CSSlZ C)UN1m Attachment A California Regional ''-ter Quality Control Board Santa Ana Region NOTICE OF INTENT TO COSIPLY WITH THE TERMS AND CONDITIONS OF THE GENERAL PERtvIIT TO DISCHARGE 'A ASMI ATER N HICH POSE INSIGNIFICANT THREAT TO N'ATER QUALITY (Order No. 98 -67, NPDES No. CA6998001) 1. PERMITTEE (Pttison/Age)icy Responsible for the Disc)orge) AGENCY /COMPANY Address: Street City State ZIP CONTACT if. FACILITY Name: Locative: Sheet City State ZIP CONTACT Ill. BILLING INEORNLATION ( ;�?tere mutual fee invoices should to sent) AGENCY/COMPANY Name: Street CONTACT City IV. INDICATE EXISTING PERMIT NUMBER: ftfappticoble) a. Individual Permit Order No. NPDES No. _ b. General Permit Order No. 9349 V. CERTIFICATION: State MW 1 certify under penal of law that I am an authorized representative of the perminee and that I have personally examined and am familiar with the information submitted in this application and all attachments and that based on my inquiry of those persons immediately responsible for obtaining the information contained in the application, I believe the information is true, accurate and complete. I am aware that there are si?nificant penalties for submining false information, including the possibility of fine and imprisonment. In addition, I certify that the perminee will comply with the terns and conditions stipulated in Order No. 98- 67 including the monitoring and reporting program issued by the Executive Officer of the Regional Board. Name and Official Tide: tope or print) Signature: Date. Remarks: if clonges to fcdh�/ rtvtersiup aniVor freafntent processes urre nails• after the issuance of tie existing permit, please .7;;ije a e'es r., Not: , f suds cimnses on inotlkT sleet and submit it .rith this Notice of Intent. California Regional Water Quality Control Board Santa Ana Region Template Monitoring and Reporting Program No. 98 -67 NPDES NO. CAG998001 GENERAL WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES TO SURFACE WATERS WHICH POSE AN INSIGNIFICANT (DE MINIMUS) THREAT TO WATER QUALITY L INfONITOR]NG AND REPORTING REQUIREMENTS: Monitoring and reporting shall be in accordance with the following: All monitoring reports, or information submitted to the Regional Board shall be signed and certified in accordance with 40 CFR 122.22. 2. All sampling, sample preservation, and analysis shall be performed in accordance with the latest edition of 40 CFR Part 136 "Guidelines Establishing Test Procedures for the Analysis of Pollutants ", promulgated by the United States Environmental Protection Agency, unless otherwise noted. In addition, the Board and/or EPA, at their discretion, may specify test methods which are more sensitive than those specified in 40 CFR 136. 3. All analytical data shall be reported with method detection limits (AIDLs) and with identification of either practical quantitation levels (PQLs) or limits of quantitation (LOQs). 4. Whenever the discharger monitors any pollutant more frequently than is required by this general permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the discharge monitoring report specified by the Executive Officer. 5. The discharger shall deliver a copy of each monitoring report in the appropriate format to: Califomia Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 6. The discharger shall assure that records of all monitoring information are maintained and accessible for a period of at least five years from the date of the sample, report, or application. This period of retention shall be extended during the course of any unresolved litigation regarding this discharge or by the request of the Board at any time. Records of monitoring information shall include: V& RP .N'o. 93.6 ". APDES No. C46`998001 Page 2 of d j General Waste Discharge Requirements a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling, and/or measurements; C. The date(s) analyses here performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; f All sampling and analytical results; g. All monitoring equipment calibration and maintenance records; h. All original strip charts from continuous monitoring devices; i. All data used to complete the application for this general permit; and, j. Copies of all reports required by this general permit. 7. Weekly samples shall be collected on a representative day of each week. 8. Monthly samples shall be collected on a representative day of the month. 9. Quarterly samples shall be collected on a representative day of I'Aarch, June. September. and December. 10. Semi- ,knnual samples shall be collected at the initiation of the project for the first sample and during January and July thereafter. 11. Annual samples shall be collected on the month the discharge authorization letter was issued. 11. EFFLUEV°I MONITORMG: A sampling station shall be established for the point of discharge where representative samples of the discharge can be obtained before the discharge mixes pith the receiving Waters, 2. The following shall constitute the effluent monitoring program: CONSTITUENT TYPE OF UNITS MINIMUM FREQUENCY OF SAMPLE SAMPLING AA-D ANALYSIS Flow -- • - - - -- gpd Daily During the first 30 minutes of Oil and Grease Grab mgA each discharge and as directed J by the Executive Officer, thereafter Sulfides Grab nPA Total Residual Chlorine Grab I mg/1 Total Suspended Solids' Grab mgfl Unless it Ls known that chlorine is not in the discharge. Sor jpplicohle if all wnues.ater will percolate prior to reaching receiving xwers. hf &RP Vo, 93 -61. IVPDFS.%'o C.AG99S001 General (Paste Discharge Requirements Page 3 of J CONSTITUENT TYPE OF UNITS MINIMUM FREQUENCY OF SAMPLE SAMPLING AND ANALYSIS During the first 30 minutes of Total Dissolved Solids (TDS) Grab mg/1 each discharge and as directed by the Executive Officer, thereafter Phosphorus Grab mg(I " Total Nitrogen Grab mg" " Total Petroleum Hydrocarbons Grab pgA " III. REPORTING: Five days prior to any discharge from locations already reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the date and time of the proposed discharge. 2. Five days prior to any planned discharge' from locations not yet reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the following: 1) Specific type of the proposed wastewater discharge (see listing on Finding 2 of the Order); 2) The estimated average and maximum daily flow rates; 3) The frequency and duration of the discharge; 4) The affected receiving water(s); 5) A description of the proposed treatment system (if appropriate); and 6) A description of the path from the point of initial discharge to the ultimate location of discharge (fax a map if possible); 3. Monitoring reports shall be submitted by the 30'h day of each month.. The monitoring reports shall cover the previous month's monitoring activities and shall include: a. The results of all laboratory analyses for constituents required to be monitored (see Section II. above), 3 Applicable onh• to discharges from construction deworering wastes, wastes associated with well installation, development, rest pumping and purging aquifer testing wastes, dewatering wastes from subterranean seepage and similar wastes discharging into the San Diego Creek/Newport Bay watershed ' For those unplanned discluirges, as much pnor notification as possible is required before any disclwrge is initiated. MARP .�o 98.67. NPDESSo C.1G998001 Generol Wave Du:harge Requiremews b. The daily flow data. Page 4 of J c. A summary, of the discharge activities (when and where discharged occurred. description of t%pe of discharge. etc.) including a report detailing the discharger's compliance or noncompliance with the requirements of the general permit and discharge authorization letter. and d. For every item where the requirements of the general permit and discharge authorization iener are not met: 1) a statement of the actions undertaken or proposed which will bring the discharge into full compliance % ith requirements at the earliest time. and 2) a timetable for implementing the proposed actions. C. If no discharge occurs during the previous monitoring period, a letter to that effect shall be submitted in lieu of a monitoring report. 4. All reports shall be signed by a responsible officer or duly authorized representative of the discharger and shall be submitted under penalty of perjury. Ordered by: Gerard J. Thibeault Executive Officer July 10. 1998 0 November 26, 2003 4 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVorme M. Harkless, CMC Sully - Miller Contracting Company 1100 E. Orangethorpe Avenue, Suite 200 Anaheim, CA 92801 Subject: Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 121h Street (C -3428) To Whom It May Concern: On November 26, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 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 Labor & Materials Bond was released on January 27, 2003. The Surety for the contract is Liberty Mutual Insurance Company, and the bond number is 014- 012 -136. Enclosed is the Faithful Performance Bond. Sincerely, r �( LaVonne M!Hazkle ;CMC City Clerk cc: Public Works Department R. Gunther, P. E., Construction Engineer enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us . ** *EXECUTED IN FOUR COUNTER PAW ** CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 BOND NO. 014-012-136 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4, 23 6. 00 being at the rate of $ 2. 50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Sully- Miller Contracting Company, hereinafter designated as the "Principal ", a contract for construction of BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET, Contract No. 3428 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3428 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Liberty Mutual Insurance Company ' duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of one million, six hundred ninety -four thousand, four hundred seventy - four and 001100 Dollars ($1,694,474.00) 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. 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. 64 0 9 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of February , 2002. Rg18X=,VMPRE%= Sully -Mt ler Co ttracting Company (Principal) Authorized Signature/Title Liberty Mutual Insurance Company Name of Surety 8044 Montgomery Rd., Ste 626W Cincinnati, OH 45236 Address of Surety (800) 759 -0559 Telephone Teresa I. Jackson; Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F: \USERS \PBW\Shared \Contracts \FY 01 -02 \Balboa Blvd. Roadway & Storm Drain Rehab C- 3428 \NEW CONTRACT C- 3428.doc 65 0 0 State of California ) ss. County of Orange ) On 2/15/02 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), personally appeared RON SALCIDO name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. i�o. ' ' r 1.��� (Signature of Notary) (Seal of Notary) OPTIONAL Description of Attached Document Title of Type of Document CONTRACTS /BONDS CITY OF NEWPORT BEACH Document Date: Number of Pages: Signer Other Than Named Capacity Claimed by Signer Signer's Name: RON SALCIDO Individual X Corporate Officer— Title: VICE PRESIDENT ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing • SULLY MILLER CONTRA CLING COMPANY STATE OF California COUNTY OF 8, 2002 PERSONALLYAPPEARED Teresa I. 0 I SS. before me, Nina Tapia, Notary Public personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hLVherltheir authorized capacity(ies), and that by kislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(5) OR ENTITY(IES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond TITLE OF TYPE OF DOCUMENT two NUMBER OF PAGES February 8, 2002 DATE OF DOCUMENT Sully - Miller Contracting Company SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL- PURPOSE ACKNOWLEDGEMENT NIRIA TAPI..A l CoMtd. {'x1293351 NOTARY PUBi1C CtiiiFGRNIA� COJNIY ^i+ Nit Comm. Ex ?. Feh. E, 2.05 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(5) OR ENTITY(IES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond TITLE OF TYPE OF DOCUMENT two NUMBER OF PAGES February 8, 2002 DATE OF DOCUMENT Sully - Miller Contracting Company SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL- PURPOSE ACKNOWLEDGEMENT 0 State of California ) ss. County of Orange ) On 2/15/02 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), 11 personally appeared RON SALCIDO name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name b subscribed to the within instrument and acknowledged to me that hg executed the same in his authorized capacity, and that by signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) (Seal of Notary) C DIANE n# 1231 Commission � 1231 SW Notary Pubfia - Ca tomb Orange County 1 MYCOmm.bpeesAug7,20M Description of Attached Document Title of Type of Document CONTRACTS /BONDS CITY OF NEWPORT BEACH Document Date: Number of Pages: Signer Other Than Named Above: None Capacity Claimed by Signer Signer's Name: RON SALCIDO Individual X Corporate Officer- Title: VICE PRESIDENT 0 Partner - ❑ Limited © General 0 Attorney in Fact. 0 Trustee ❑ Guardian or Conservator 0 Other: Signer is Representing SULLY- MILLER CONTRACTXNG COMPANY i ! 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC January 27, 2003 Sully- Miller Contracting Company 1100 E. Orangethorpe Avenue, Suite 200 Anaheim, CA 92801 Subject: Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12t11 Street (C-3428) To Whom It May Concern: On November 26, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 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 th e December 23, 2002, Reference No. 2002001178180 Liberty Mutual Insurance Company, and the Enclosed is the Labor & Materials Payment Bond. Sincerely, Ur La onne ess, CMC City Clerk cc: Public Works Department R. Gunther, P.E., Construction Engineer encl. Orange County Recorder on The Surety for the contract is bond number is 014 - 012 -136. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us ,EXECUTED IN FOUR COUNTER PARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET CONTRACT NO. 3428 BOND NO. 014 -012 -136 Premium: Included in Charges for Performance Bond. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Sully - Miller Contracting Company, hereinafter designated as the "Principal," a contract for construction of the BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET, Contract No. 3428 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3428 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, Liberty Mutual Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of one million, six hundred ninety - four thousand, four hundred seventy -four and 00f100 Dollars ($1,694,474.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 62 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8th day of February 2002. �� A Sully - Miller Corfiracting Company (Principal) Liberty Mutual Insurance Company Name of Surety 8044 Montgomery Rd Ste 626W Cincinnati, OR 45236 Address of Surety (800) 759 -0559 Telephone Authorized Signature/Title Agent Teresa I. Jackso Print Name and Title Fact NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 63 0 State of California ) ) ss. County of Orange ) On 2/15/02 before me, DIANE INGRAM - NOTARY PUBLIC I] (Name and title "Notary Public "), personally appeared RON SALCIDO name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) (Seal of Notary) Description of Attached Document Title of Type of Document CONTRACTS /BONDS CITY OF NEWPORT BEACH Document Date: Number of Pages: Signer Other Than Named Above • None Capacity Claimed by Signer Signer's Name: RON SALCIDO Individual X Corporate Officer- Title: VICE PRESIDENT ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing SULLY- MILLER CONTRACTING COMPANY F_ I L STATEOF California SS. COUNTYOF Orange 8, 2002 PERSONALLY,APPLARED before me, Niria Teresa I. Jackson personally known to me (or proved tome on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my head and official seal. Signature OPTIONAL 0 Public �I NIRIA TAPIA o CCMM. # 1293351 � `•' NOTARY VU6lICC:IUFI:NNIAo ORANGE COUNTY ro My Comm. Exp. Feb. 8, 2005 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL V ATTORNEY -IN -FACT ❑ TRUSTEE(S; ❑ GUARDIANiCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITY(IES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Labor and Materials Payment Bond TITLE OF TYPE OF DOCUMENT two NUMBER OF PAGES February 8, 2002 DATE OF DOCUMENT Sully— Miller Contracting Company SIGNER(S) OTHER THAN NAMED ABOVE 10-1232 (REV. et01) ALL- PURPOSE ACKNOWLEDGEMENT Ll 0 1, George Aldrich, do hereby certify that I am an Assistant Secretary of Sully- Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE Chairman of the Board President & CEO Chief Financial Officer & Treasurer Vice President Vice President Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME Louis Gabanna R. Bruce Rieser Tim P. Orchard Ron J. Salcido Mitchell P. Vigna Peter Pouwels Stewart M. Fuhrmann George Aldrich Mary Lawson Mike Edwards James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 22, 2000, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporations thereof, or to any other person" IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 7th day of May 2001. (SEAL) J ' George Aldrich Assistant Secretary RECORDING 'T "Y AND WHEN RECUUR t� RETURN TO: City Clerk '03 ,iA '., 10 10 :25 City of Newport Beach 3300 Newport Boulevard Newport E�ppch, CA 92(5§3,7, c,..t,kr. Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder IIIIIINIIIIiIIiIIIIIIINiIIIillilillllllllllllllllllillllilllllllllNO FEE 2002001178180 04:12pm 12/23102 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "E rom recording 'e" pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sully - Miller Contracting Company of Anaheim, California, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12�h Street (C -3428) Work on said Contract was completed on September 24, 2002, and was found to be acceptable on November 26, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. iew,ofks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on J) A 2 ') DO �)L_ at Newport Beach, California. BY �l< City Clerk J �k` CITY OF NEWPORT ?EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 27, 2002 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Balboa Pier and Washington Street Restroom Replacement (C -3367) Notice of Completion for the Balboa Island Bridge Beautification (C -3375) Notice of Completion for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12t Street (C -3428) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, of/, /VQ!'t17-) LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach I 1 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sully - Miller Contracting Company of Anaheim, California, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street (C -3428) Work on said Contract was completed on September 24, 2002, and was found to be acceptable on November 26, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. ic'WAs Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on � Jjjt r"'- a2 a 00 :�- , at Newport Beach, California. City Clerk 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT ll Agenda Item No, 11 November 26, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R. Gunther, Construction Engineer 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12T" STREET, CONTRACT NO. 3428— COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On February 12, 2002, the City Council authorized the award of the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12'" Street contract to Sully Miller Contracting. The contract provided for the roadway reconstruction and rubberized asphalt overlay of this ten -block section of Balboa Boulevard. The work also included construction of storm drains and catch basins for improved drainage, as well as new sidewalks, median curbs and access ramps. The project is receiving partial funding reimbursement through the Arterial Highway Rehabilitation Program (AHRP) by Orange County Transportation Authority (OCTA) and Caltrans. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,694,474.00 Actual amount of bid items constructed: 1,387,303.26 Total amount of change orders: 219,477.95 Final contract cost: $1,606,781.21 j �ZU cz SUBJECT: BALBOA BO RD RECONSTRUCTION AND DRAINAGE IMP MENTS FROM MEDINA WAY TO 12T" STREET, .. NTRACT NO. 3426- COMPLETION AND ACCEPT ..E November 26, 2002 Page 2 The decrease in the amount actual bid items constructed under the original bid amount resulted from an incorrect estimate of the asphalt bid quantity. The final overall construction cost including change orders was 5.18 percent under the original bid amount. Two change orders were issued for the project as follows: • Change Order No. 1 in the amount of 49,692.00 provided 12 additional catch basins in the center median. • Change Order No. 2 in the amount of 169,785.95 provided a number of field changes to the work including sidewalk backfill, additional grinding, and glass grid pavement reinforcing material. Funds for the project were expended in the following accounts: Description Gas Tax AHRP Traffic Congestion Relief Storm Drain Improvements Sidewalk, Curb and Gutter Account No. 7181- C5100582 7285- C5100582 7191 - 135100582 7012- C5100008 7013- C5100020 Amount $ 309,417.21 370,810.00 539,054.00 300,000.00 87,500.00 Total $1,606,781.21 The original scheduled completion date was May 31, 2002. The roadway was paved and opened by this date. All punch list items and added work was completed on September 24, 2002, the extended completion date. Environmental Review: (Not applicable) Prepared by: Submitted 12- 6 R. Gunther, P.E. $t p n G. Badum Construction Engineer Pu Ic Works Director E FEB J Z 20U2 TO: Mayor and Members of the City Council FROM: Public Works Department C -�q7s February 12, 2002 CITY COUNCIL AGENDA ITEM NO. 11 SUBJECT: BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET- STPL 5151 (014), AWARD OF CONTRACT NO. 3428 RECOMMENDATIONS: Approve the plans and specifications. 2. Award Contract No. 3428 to Sully - Miller Contracting Company for the Total Bid Price of $1,694,474.00, and authorize the Mayor and the City Clerk to execute the contract. Establish an amount of $169,000.00 to cover the cost of material testing and unforeseen work. 4. Authorize a budget amendment to appropriate $427,986.56 of Federal Highway AHRP Funds STPL 5151 -(014) into Account No. 7285- C5100582. Authorize a budget amendment to increase revenue estimates by $427,986.56 to Account No. 285 -4880. DISCUSSION: At 11:00 AM on January 30, 2002, the City Clerk opened and read the following bids for this project: * Corrected Bid Amount is $2,158,367.50 The low bidder's total bid amount is twenty -seven percent below the Engineer's Estimate of $2,334,000. The disparity between the Engineer's estimate and the low total bid amount is due to the lower asphalt concrete and storm drain prices bid. The low bidder, Sully - Miller Contracting Company, possesses a General Classification "A" contractor's license as required by the project specifications. Sully - Miller has satisfactorily completed similar roadway projects for other Southern California agencies. BIDDER TOTAL BID AMOUNT Low Sully - Miller Contracting Company $1,694,474.00 2 GCI Construction, Inc. $1,858,154.80 3 All American Asphalt $1,925,218.90 4 Fleming Engineering, Inc. $1,976,754.50 5 M. Ahmadi Construction & Engineering $2,065,000.00 6 Sequel Contractors, Inc. $2,080,265.00 7 Los Angeles Engineering, Inc. $2,139,782.28 8 E.A. Mendoza Contracting $2,157,467.50 9 R.J. Noble Company $2,256,010.35 * Corrected Bid Amount is $2,158,367.50 The low bidder's total bid amount is twenty -seven percent below the Engineer's Estimate of $2,334,000. The disparity between the Engineer's estimate and the low total bid amount is due to the lower asphalt concrete and storm drain prices bid. The low bidder, Sully - Miller Contracting Company, possesses a General Classification "A" contractor's license as required by the project specifications. Sully - Miller has satisfactorily completed similar roadway projects for other Southern California agencies. Subject: BALBOA BOULEVAECONSTRUCTION AND DRAINAGE IMPROVEMPS FROM MEDINA WAY TO 12'" STREET- STPL 5151 (014), AWARD OF CONTRACT NO. 3428 February 12, 2002 Page: 2 The work provides for the construction of 4,400 linear feet of storm drains, 22 curb inlets, 20 junction structures, 5,700 linear feet of 1 -foot wide median gutter, 1,300 linear feet of median curb and 6,900 linear feet of curb and gutter, the reconstruction of approximately 78,000 square feet of roadway, 43,000 square feet of deteriorated and/or sub - standard sidewalk, and 32 curb access ramps. The storm drain improvements will replace an existing deteriorated 12 -inch diameter corrugated metal pipe, improve the drainage on Balboa Boulevard, and eliminate the numerous ponding areas that result from storm and nuisance water. The roadway reconstruction will facilitate drainage by improving the cross slope of the roadway arid eliminating problems associated with numerous trench and pavement settlements, pavement cracking, uplifted concrete roadway slabs, and provide a smoother, quieter ride for motorists. In order to minimize inconvenience to the community, Sully- Miller is required to complete all construction work and install temporary pavement striping within 65 workdays. After a 15 -day waiting period for the moisture of the new asphalt pavement to reach the desired level, Sully - Miller will return to the site for approximately one week to install the permanent pavement striping. Traffic control requirements stipulate that at least one lane in each travel direction shall be maintained between 9 a.m. and 3 p.m. on workdays and two lanes in each travel direction shall be maintained during non -work hours. This project was approved for Federal funds through the Arterial Highway Rehabilitation Program (AHRP) funding by the Orange County Transportation Authority (OCTA) and Caitrans. There are sufficient funds available in the following accounts for the work: Account Description Gas Tax AHRP AB2928 Storm Drain Improvements Sidewalk and Curb and Gutter )RKS DEPARTMENT Badum, Director By: di Fong .E. Associate Civil Engineer Attachment: Project Location Map Bid Summary Account Number Bid Amount Contingency 7181- C5100582 $337,433.44 $126,648.34 7285- C5100582 $427,986.56 42,798.66 7191- C5100582 $539,054.00 - 0 - 7012- C5100008 $300,000.00 - 0 - 7013- C5100020 $90,000.00 -0- Total: $1,694,474.00 $169,447.00 Ahk d J �0 z z w U w Q Z O o � D !LLJ 133y1S < N19 z Q m H 0 _ zC)o Q N 133y1S N1B O I m U � U U U a m U) m O U m� W o J m � o J H U O w CD O W M S � J d I Q I m S Q W m a 3 W Z LL O Z W IL W 0 Y 3 U co W m IL E w IO O ¢ cl rl W �f N r 2 u d U 0 � n O y � c W W 6 x V o V M V O Q m m 0 O O O N aF O Mf N o U N LL d Q 0 W m o Z W Z w m �—z w �QUwa C J E a a Y Y v L9 i Z r P 6 f f f m O °o S L^ 0 0 0 0 o 0 S S 0 0 0 0 0 0 0 0 0 o O 0 O 0 O 0 O 00 O O o " Z SO 0 O 0 O' v1 of m R' O O 0\ o lD P 1� M N O o �G N 0 V N 0 G O 0 p �O 0 �G 0 ti 0 ti 0 ut N 0 O N O �f 0 0 .i 0 O 0 0 0 0 0 0 0 pj L O O P P d0 w of O N M N W P V I� M �+ P M T O v P Q n O V OD �O m Oi Lr V1 N P P W Vf M I� .i N r N P OJ O� O+ M E °o SS °o °o °o °o oo °OO S °o ¢� f� O M N O ti T O ti N M O LI1 �p N O llf O O O O O O O O O Q M fR tlf M M M W W� B W 0 0 0 0 0 0 0 0 o g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g 0 � Z O OO O O O OP + O O O b OW m 0 eN O G O O O O p S O G O O O O pppp O u 0 O 0 O l ID� vi 1 0W N ✓M 1 4N 1 NP M � t� O N N P OM O N N � OM P OP .P N b O h O N O O O� O � J aN S O 0 0 I Q n I.Ntl0 N P Iwm b m P M N N N P W D mZ 6 N N W M0N � O0 � cO � y .o .� -+ � O N N N bW � W tl0 ! ti N R N POP �O W M +o R tlo f D 1 ¢ i F M tlo F N M M aM R rR l iV0 W M ! tl0 N M tl0 M f0 W W W a0 F M pp l J 0 0 pp 0 O O 0 o S rz . G o O O �ln• wo w�O vbP if N MM .J . w0 oO wV O O IoJ W M O VP i O oO SM 0 0 O O oO � O U O O W f tl0 F M fH R tl0 1ID W �D O O Z MM ~M N n w M M M W ti w W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 O O O Vf M 0 0 O 0 0 0 0 0 0 0 N N O O O O O O N O O tD O O O M O P E N O P O P P 1 I( N P O �O M N M M GD Vf O Ov Vf h V v o 0 0 o O o o 0 0 o in o O O o 0 o O O o 0 0 o 0 0 0 o 0 in M o g 0 0 0 o ro o Ln Ln o 0 0 0 0 0 0 0 0 0 0 0 0 0 —_ Z N O tlf �R M W W VR N W tlF M Vl O N Vf O M P O �D O Q M M���� M V: P VI O M fR +R tli W P tN 0 0 0 0 in 0 0 0 0 0 0 0 0 0 0 0 0 vi 0 0 0 0 0 0 0 0 0 0 0 v Z O O O O N O O O O P O O O W O O I� O O O O O O vl vl O O y O O O O j Q O O O O O OR O O� M O P V: O O O 01 m M �O N N 0C O � O + P M O tD P Vf ti O O Ut O I(1 O N I� O N O O O O S 01 M PN {Pr M V1 M M! � tlF N W¢ Vf fR M 1Pr P M .y tH P tlF M M M M .^-� {R bf N fR P� M 1Pr {R N tli tll� M N M M M M N l 0 0 0 0 in 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �i o 000 n o 0 0 0 0 o v+0 0 0 0 0.n 0 0 0 0 0 0 0 0 0 0 0 C L O O O lD G tV Ul O O N (O P G �C OG O O P C G C O O v1 vt G tV C O I--� S O N tli tlF iR �D vl N .� iR V: O VF tlf � � tlF tlf O O O O I� f� O O O O W C Z O 1R W 1R M VF O O� O Vt Vl Yl M N O �O O O W � � LL {A LL VI LL V1 � LL J LL J LL J LL¢ VI LL1 LL In LL Vf LL J LL J LL¢ J LLl Q¢¢¢¢¢ W W LLl LLJ LLl LLl N¢ J W to J VI J %rL Z •-� �'^ M �O N N Vf OJ fG N I� m O� N m ti M ti T .-� -Z P M lA �p �p .-i vi V N P .-i TIT a u u c N ro v 'o n `O >o o E a w y ro c E E dS 3 u > ¢ ro u o u u ''^ v; U E J, li o 16 M p ro = O y U v M Opy- U 2 UU 6 UU S i u U U {j C (� V1 > +o-' p, CO iL c o J a d 2 0 0 E u $ y c 3 a c ro c ro c f x w E c V c V u P GY, 2 2 Ynoo coo c zo 'u a >': o ro u > U c o o¢> a 'K 'x a C✓ vl V1 0 U 0 o E u u ^' C a ry N E c C m U y u v p 0-6 w> a c D X y C C U C v d O N >O d >D > c c y B J ? N W L 01 o> N Yn �L C. ti cp c N > y U y U rv¢ U 9 9 D E E O E ti m H c E L c :; U gj W o y« c c -� c .+ c > a� i0 U .N d U! j d d di` >> C C d d {� E 3 p c d ro > >> .?� o c c 2 y! u u, 3 a b J Yn Yn –q w u o c o m o o E E c E m 3 o u n o a b Tic" nj s s> > U U w K U W N N ,3o 0(58d5.33 U¢¢ .+ .+ N C. C J E a a Y Y v L9 i Z r P 6 f f f m O °o S L^ Sty of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA. 029 AMOUNT: $427,986.56 X Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to provide for the Balboa Boulevard Reconstruction and Drainage Improvements Project (C- 3428). ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Debit Credit Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description 285 4880 AHRP - Federal Highway Funds $427,986.56 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7285 AHRP Account Number C5100582 Balboa Reconstruction $427,986.56 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number ' Automatic System Entry. Signed: Financial pproval: Administr ti ve Services Director Date Signed: 9 _ z -P/� Administrative App r al: City Manager -42K Date Signed: City Council Approval: City Clerk Date pity of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations ail NO. BA- 029 AMOUNT: $a27,9as.5s �X Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: BY THE CITY COUNCIL CrTYOF NEWPORT BEACH Ftb i Z 2002 At't'NUV LL) This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to provide for the Balboa Boulevard Reconstruction and Drainage Improvements Project (C- 3428). 285 4880 AHRP- Federal Highway Funds EXPENDITURE APPROPRIATIONS (3603) ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description 285 4880 AHRP- Federal Highway Funds EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7285 AHRP Account Number C5100582 Balboa Reconstruction Division Number Account Number Division Number Account Number Division Number Account Number Division Number 1 Account Number Signed: Signed: i Signed: City City Council Approval: City Services Director Amount Debit Credit $427,986.56 $427,986.56 Date -/- 9,Z- Date /a °a Date E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 26, 2002 R. J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street Project (Contract No. 3428) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 26, 2002 E.A. Mendoza Contracting 18 Technology Drive, Suite 134 Irvine, CA 92618 -2311 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street Project (Contract No. 3428) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, FIN '�"i//J■ LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach w CI'T`Y OF NEWPORT EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 26, 2002 Los Angeles Engineering Inc. 4134 Temple City Boulevard Rosemead, CA 91770 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street Project (Contract No. 3428) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 26, 2002 Sequel Contractors, Inc. 13415 Foster Road Santa Fe Springs, CA 90670 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street Project (Contract No. 3428) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 26, 2002 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12`h Street Project (Contract No. 3428) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport BoWevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 26, 2002 Fleming Engineering, Inc. 6130 Valley View Street Buena Park, CA 90620 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street Project (Contract No. 3428) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 26, 2002 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street Project (Contract No. 3428) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CI'T'Y OF NEWPORT ?EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 26, 2002 M. Ahmadi Construction & Engineering, Inc. 133 N. Pixley Street Orange, CA 92868 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street Project (Contract No. 3428) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach