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Home My WebLink AboutC-3718 - 2004-2005 Sidewalk, Curb & Gutter Replacement ProgramCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK IaVonne M. Harkless. MMC April 12, 2006 Damon Construction Company 8851 Watson Street Cypress, CA 90630 Subject: 2004 -2005 Sidewalk, Curb and Gutter Replacement Program (C -3718) To Whom It May Concern: On April 12, 2005, 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 May 20, 2005. The Surety for the contract is Arch Insurance Company, and the bond number is SU 501 1240. Enclosed is the Faithful Performance Bond. Sincerely, N [ / 4� ofd�-� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. 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 FOUR (4) ORIGINALS MCUTEU BOND NO: SU 501 1240 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 20042005 SIDEWALK. CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,091.00 being at the rate of $ 20.00 thousand of the Contrail price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to DANON CONST. Co. hereinafter designated as the "Principal% a contract for construction of 2004.2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM, Contract No. 3718 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. 3718 and the terns thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and ARCH INSURANCE COMPANY duty 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 Three hundred four thousand, five hundred twenty-five and 001100 Dollars ($304,525.00) 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. I•I7 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 accompan*g 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 15TH day of OCTOBER , 2004. Damon Construction Company (Principal) ARCH INSURANCE COMPANY Name of Surety 135 NORTH LAS ROBLES SUITE 825 PASADENA, CA 91101 Address of Surety 626 -639 -5200 Telephone :'.n _ _ - &Ir ' Authorized Agen igp tore I BROOKE LAFREN7.,ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } SS COUNTY OF Orange On October 15, 2004 before me, Gordon L. Wood Notary Public personally appeared Margaret Ann Rullo. President NAME(S) OF SIGNER(S) X personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /shetthey executed the same in :NH ♦N ♦.• ♦ ♦NNN ♦N ♦ ♦NN ♦NNN ♦N his/herttheir authorized capacity(ies), and that by hislher/their • GORDON t. WOOD JR. 2 signature(s) on the instrument the person(s), or the entity upon behalf of • COMM. #1515433 `Which the person(s) ailed, executed the instrument. a QW2M NOTARY PUBLIC • CALIFORNIA ORANGE COs, 9 WITNESS my hand and oifidal /7 • My Comm. Expires S----- ---- -i r ♦♦NNN ♦N♦N♦♦ ♦ ♦ SIGNATURE OF NOTARY 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 forth. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED or GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S(OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL- PURPOe' ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 15 OCTOBER 2004 Owe before me, JEANETTE SEIDL (NOTARY PUBLIC) , Name ar Pot d Officer (e.g., -Jam Doe, Wary PWlicl personally appeared BROOKE LAFRENZ Names) d Signens) ® personally known to me – OR – O 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), JEANEITE SEIDL — Commission g 1297821 or the entity upon behalf of which the person(s) acted, �e N Notary Public - Califomia= executed the instrument. San Diego County ti r24,zc.--r WITN m and and official seal. / JYComrr;.F_xpirz:_pb SignaN d Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: LN I Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: SURETY RIGHT MIBPRINTT OF SIGNER Signer's Name: ■ I Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER 0 1994 Ndja Ndary Assoaali. • a236 Renl,nel Ave., P.O. Box 7184 • CanWa Pak CA 91309718/ Pm . tip, 5907 Ae . Ca9 Tat *. 1. 0 766 27 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Brooke Lafrenz, Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby and Wendy H. Downs of San Diego, CA (EACH) its true and lawful Attomey(s }in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit- This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any tune. The execution of such bonds and undertakings in pursuance of these presents shall be as. binding upon the said Company as fully and amply to all intents and purposes, as if the same heId'tit en duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attomey is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys4ri -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous. consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. S ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable insurer deductible. C � �P \,I FOAL/ May 20, 2005 Damon Construction Company 8851 Watson Street Cypress, CA 90630 E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: 2004 -2005 Sidewalk, Curb and Gutter Replacement Program (C -3718) To Whom It May Concern: On April 12, 2005, 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 the Orange County Recorder on April 15, 2005, Reference No. 2005000287476. The Surety for the contract is Arch Insurance Company, and the bond number is SU 501 1240. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Far: (949) 644 -3039 - www. city, newport-beach. ca. us FOUR (4) ORIGINALS MND NO: SU 501 1240 EMIUM INCLUDED IN PERFORMANCE CITY OF NEWPORT BEACH BOND PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to DAMON CONST. Cb. hereinafter designated as the 'Principal," a contract for construction of 2004 -2003 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM, Contract No. 3718 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. 3718 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, ARCH 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 Three hundred four thousand, five hundred twenty -five and 001100 Dollars ($304,525,00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. RE6 0 0 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 15TH day of OCTOBER , 2004. Damon Construction Company (Principal) ARCH INSURANCE COMPANY Name of Surety 135 NORTH LOS ROBLES SUITE 825 "PASADENA, CA 91101 Address of Surety 626- 639 -5200 Telephone Autho Signature�tte MA lwnj t� ua p —Pf2s- SI L Tr hoiz Authorized Ag i ature BROOKE LAFRENZ, ATTORNEY -IN -PACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA J SS COUNTY OF Orange J On October 15, 2004 before me, Gordon L. personally appeared X) personally known to me •••...N.••.N.NN•••.•HHN••H•H• GORDON L. WOOD JR. • COMM. #1515433 ti NOTARY PUBLIC - CALIFORNIA m ORANGE COUNTY My Comm. Expires Sept. 25, 2008 .H•NN•N••H••.N. H.N.NN.N•H• 0 Public - 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 /shetthey executed the same in his /her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s). acted, executed the instrument. WITNESS my hand and offici ea . SIGNATURE OF NOTAR 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 TITLE(S) PARTNER(S) LIMITED or GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S(OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE • I 9`1F _1 CALIFORNIA State of ��I!!l!l!!lIJJIIIIIIIJIY County of SAN DIE • ACKNOWLEDGMENT On 15 OCTOBER 2004 before me, JEANETTE SEIDL (NOTARY PUBLIC) Date Name and Title of Officer (e.g..'Ja,e npe, Notary Pvblic� personally appeared BROOKE TAFRRNZ ® personally known to me – OR – ❑ pi —2 EZL i , Go mes cn 4 124782 Notary ?Iic L,31licm) Of 5'gner(s) oved 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, Diego ..our.ty executed the instrument. and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: e Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SURETY RIGHTTHUMBPRINT OFSIGNER Signer's Name: ❑ Individual L G Number of Pages: Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT CF SIGNER 0 1994 National Notary Ass Wiw • 8236 Remind Ave.. P.O. Box 7184 • Cargga Pah, CA 91309 -7164 Pend. W. 5907 ReoNe, Call ToI1 Free 1 A0043]6 -682] OPOWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Brooke Lafrenz, Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby and Wendy H. Downs of San Diego, CA (EACH) its true and lawful Attomey(s }in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any tune. The execution of such bonds and undertakings in pursuance of these presents shall be as. binding upon the said Company as fully and amply to all intents and purposes, as if the same had'`beeri duly, executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys4r} fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous, consent of the Board of Directors of the Company. on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.SA c 0 ARCH Insurance Company 40 NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH Surety In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable insurer deductible. 0 RECORDING REQUESTED t1' AND WHEN RECORDED RETURN TO: City Clerk 05 i; ?R 25 ° :35 City of Newport Beach 3300 Newport Boulevard Newport Beach' CA 92663. 1. Recorded in official Records, orange County Tom Daly, Clerk- Recorder 11111NI1111NIIIIIIII1111111111111LIllllllllllllllllil 'ilhIIllllillllllll +NO FEE 2005000287476 04:19pm 04115/05 227 28 N12 1 0.00 0.00 000 o.00 o.00 0.00 0.00 0 -00 "Exempt from recordin fees t to Government Code ection 610.3" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach. 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Damon Construction Company of Cypress, California, as Contractor, entered into a Contract on October 12, 2004. Said Contract set forth certain improvements, as follows: 2004 -2005 Sidewalk Curb and Gutter Replacement Program (C -3718) yVOflc ul) said %OrltraCi was curripleieu un roldlGn co, cvvo, and was iiiunu to be acceptable on April 12, 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. RAiNic W s Director City ofAewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. o Executed on //TYU >/ aCos at Newport Beach, California. BY City berk a 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC April 13, 2005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3718) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us • • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recor in fees 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 Damon Construction Company of Cypress, California, as Contractor, entered into a Contract on October 12 2004. Said Contract set forth certain improvements, as follows: 2004 -2005 Sidewalk, Curb and Gutter Replacement Program (C -3718) Work on said Contract was completed on March 28 2005, and was found to be acceptable on April 12. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY o 6 o City Jerk �V5) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 April 12, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther @city. newport- beach.ca.us SUBJECT: 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3718 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 one year after Council acceptance. DISCUSSION: On October 12, 2004 the City Council authorized the award of the 2004 -2005 Sidewalk, Curb and Gutter Replacement Program contract to Damon Construction Company. The contract provided for the removal of old curb, gutter, sidewalk, driveway approaches, curb access ramps, root pruning trees and construction of new PCC curb, gutter, sidewalk, driveway approaches, curb access ramps, and installation of new tree root barriers in the Westcliff area. 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: $304,525.00 Actual amount of bid items constructed: 316,274.50 Total amount of change orders: 0.00 Final contract cost: $316,274.50 SUBJECT: Sidewalk, Curb and r Replacement Program - Completion And Accept of Contract No. 3718 April 12, 2005 Page 2 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional concrete curb and gutter. The final overall construction cost was 3.9 percent over the original bid amount. No Change Orders were issued for the project. Funding Availability: Funds for the project were expended from the following accounts: Account Description General Fund Gas Tax CDBG Concrete Maintenance Account Number 7013- C5100020 7181- C5100302 7161- C5100549 3130 -8239 Amount $156,249.50 21,300.00 50,000.00 88,725.00 Total: $316,274.50 The original completion date was January 28, 2005. Due to rain and additional curb and gutter construction the work was completed on March 28, 2005, the revised completion date. Prepared by: e- _' . Gunther, P.E. Construction Engineer Submitted by: Stephen G. B6dqni Public Works Director ti CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. October 12, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Junior Civil Engineer 949 - 644 -3311 ftran@city.newport-beach.ca.us SUBJECT: 2004 -2005 SIDEWALK, CURB & GUTTER REPLACEMENT - AWARD OF CONTRACT NO. 3718 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3718 to Damon Construction, Co. for the Total Bid Price of $304,525.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $30,500.00 to cover the cost of unforeseen work. DISCUSSION: At 10:30 A.M. on September 21, 2004 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Damon Construction, Co. $385,480 2 EBS, Inc. $352,104 3 Kalban, Inc. $417,285 * Corrected Bid Amount is $304,525 due to addition error. The low total bid amount is 12 percent above the Engineer's Estimate of $272,000.00. The recent escalating cost of concrete has increased costs for PCC curb, gutter, and access ramps. The low bidder, Damon Construction, Co., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractor's references indicate Damon Construction has satisfactorily completed similar concrete repair projects for other municipalities. Subject: 2004 -2005 Sidewalk, Cutter Replacement — Award of Contrac &18 October 12, 2004 Page: 2 This project consists of removing curb, gutter, sidewalk, driveway approaches, curb access ramps, root pruning trees and constructing new PCC curb, gutter, sidewalk, driveway approaches, curb access ramps, installing new tree root barriers and other incidental items of work. Per the Contract Specifications, the Contractor will have 40 consecutive working days to complete the work under this project. Environmental Review: The project is determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description General Fund Gas Tax CDBG Concrete Maintenance Prepared by: Frank Tran, P.E. Junior Civil Engineer Account Number 7013- C5100020 7181- C5100019 7161- C5100549 3130 -8239 Attachments: Project Location Map Bid Summary Amount $175,000.00 21,300.00 50,000.00 88.725.00 Total: $335,025.00 Submitted by: fn G. Badum Works Director JOHN WAYNE �S AIRPORT N ' CITY OF COSTA MESA n ' CITY OF •'�.• n VICTORIA ST Pip ' <.. -' IRVINE •, 5 - UPPER. NEWPORT ao 'Gy i BAY , UNIVERSIn o x Ip =1; �_._ I ,9 ;, ,q PROJECT M r AREA J a / ` PS` /f alsoN nvE 15TH sr BONITA CPSIYOR 73 RD ..i....._ �WqY c\ `� ,il. O� S'" v _ J �4. S,qy COAST `. 1✓ 1 C t WAYS P OQ-i .. l� NEWPORT WEST \ CENTER . L. vd, BALBOA 8 O� qS ... - BAtgOA' ISLAND.- , `roA0!/I HILLS i PACIFIC c0, H ,J o VICINITY MAP NOT TO SCALE v z r 0 CONTRUCTION NOTES: U1 PROTECT IN PLACE n 26 REMOVE AND RECONSTRUCT TYPE "A" CURB & GUTTER PER CNB STANDARD PLAN STD -182 -L O3 SAWCUT AND REMOVE EXISTING PCC IMPROVEMENTS AND CONSTRUCT PCC CURB ACCESS RAMP PER CNB STANDARD PLAN STD - 181 -L -A, CASE °E ", AND DETAIL ON SHEET 2 V-VFFSS /qy, 'DR. DALTp � vv y N No. 19111 Exp. 9 -30 -05 a CIVILP w °FOAL C -3718 CITY OF NEWPORT BEACH APPROVED� PUBLIC WORKS DEPARTMENT Oa /16/04 L D DALTON R.C.E. 19111 DATE 2004 -2005 SIDEWALK, CURB & GUTTER, P INCIPAL CIVIL ENGINEER DATE 08/06/04 SCALE N.T.S SHT 1 of 9 REPLACEMENT PROGRAM DESIGNED: F- DRAWN: FTT M- 5354 -L U Q W m H O a 3 W Z LL O F 2 W F Q' Q CL w 0 U) Y O U J fL a 0 0 N N O m W Q �- M Q O W = H n 1° E S � U U m _V V% � O O v .no W Y n m m W U Z W O Q c Q O m U O � J � Q LL in m ui W F .. p W W Z N < K r W U W w Z z 0 o w� a O0 IM m m m O O R N C b c m m m H 709- ft a 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:30 A.M. on the 21st day of September, 2004, at which time such bids shall be opened and read for 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM Contract No. 3718 $272,000.00 Engineer's Estimate Stepften G. Badum P,ub(ic Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: http://www.citV.newport- beach.ca.us/pbwbidlist/default.asp Click: Online Services — Public Works Bid List Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" or "C -8" For further information, call Frank Tran, Project Manager at (949) 644 -3340 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 TABLE OF CONTENTS NOTICE INVITING BIDS ................................. ............................... ..........................Cover INSTRUCTIONS TO BIDDERS ...................................................... ............................... 3 BIDDER'S BOND ............................................................................. ............................... 5 DESIGNATION OF SUBCONTRACTOR( S) .................................... ............................... 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............ ............................... 7 NON - COLLUSION AFFIDAVIT ...................................................... ............................... 11 DESIGNATION OF SURETIES ..................................................... ............................... 12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................ ............................... 15 INFORMATON REQUIRED OF BIDDER ....................................... ............................... 16 NOTICE TO SUCCESSFUL BIDDER ........................................... ............................... 19 CONTRACT.................................................................................. ............................... 20 LABOR AND MATERIALS BOND .................................................. ............................... 26 FAITHFUL PERFORMANCE BOND .............................................. ............................... 28 FEDERAL PROVISIONS .............................................................. ............................... F -1 PROPOSAL............................................................................... ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 APPENDIX A — WORK SCHEDULE APPENDIX B — DRAWINGS APPENDICES 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 INSTRUCTIONS TO BIDDERS 1. This project will use federal Community Development Block Grant (CDBG) funds for a portion of the construction costs. Therefore, this project will be subject to the certification, compliance and reporting requirements of the Davis -Bacon Act (29 CFR 5.5(a)), U.S. Department of Housing and Urban Development Section 3 regulations (24 CFR part 135), Copeland Act (29 CFR 3), labor safety standards and other federal requirements. These requirements are contained in the Federal Provisions. 2. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR O BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL LABOR COMPLIANCE BID SUBMITTAL REQUIREMENT FORMS 3. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. 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. 5. 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. 6. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 7. 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. 8. 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. 9. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.access.gpo.gov /davisbacon 10. 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'. 11. 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. 12. Prevailing Wage Statement: This is a federally- assisted construction contract. Federal Labor Standards Provision, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages, the higher of the two will prevail. 13. Section 3: This is a HUD Section 3 contract and all bidders must commit to achieving the Section 3 employment and contracting goals to be considered a Section 3 Responsive Bidder. A bidder who is not responsive to Section 3 requirements shall b considered a non - responsive bidder to this invitation for bid. 14. Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub - recipients, the conflict of interest provisions in 24 CFR 85.36, OMB Circular A -110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. The signature below represents that the above has been reviewed. aSQSR2 A Contractor's License No. & Classification :1)AMnN Cor\1 I. C9. Bidder Autthhori i nature/Title c /iNN jZUl16- 1^R6IDENT' SE.fr1�E.rJ�I�I =R e21. oiGY'��i -- Date 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3718 BIDDER'S BOND We, the under sig d Principal and Surety, our succea and administrators, agree to be jointly and severally held Newport Beach, a charter ci , in the principal sum of TI and assigns, executors, heirs firmly bound to the City of ollars ($ , to be paid and forfeited to the City of Newport Beach if the bid pr osal of the undersigned rincipal for the construction of 2004- 2005 SIDEWALK, CURB AND UTTER REPLACEM T PROGRAM, Contract No. 3718 in the City of Newport Beach, is acc pted by the City ouncil of the City of Newport Beach and the proposed contract is awarded to he Principal, a d the Principal fails to execute the Contract Documents in the form(s) prescrib certificates and endorsements for the after the date of the mailing of "Notil null and void. If the undersigned Principal e it is agreed that the death of any obligations under this Bond. , Witness our hands this Name of Contractor (Pri Name of Surety Address of Telephone g he required bonds, and original insurance n of the project within thirty (30) calendar days Award ", otherwise this obligation shall become this Bond is executing this Bond as an individual, yncipal shall not exonerate the Surety from its of 2004. Auth ized Signature/Title Authorized ent Signature Print Name and Tit{e (Notary acknowledgment of Principal & Surety must be attached) 5 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 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 TOTAL AMOUNT OF THE 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 2004- 2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM, Contract No. 3716 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the forms) prescribed, including the required bonds, and original insurance certificates arld endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award", otherwise this obligation shall become null and void_ If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 21ST day of SEPTEMBER _. 2()04. DAMON CONST. CO. Name of Contractor (Principal) ARCH INSURANCE COMPANY Name of Surety 135 NORTR LOS ROBLES SUITE 825 PASADENA, CA 91101 Address of Surety 626- 639 -5200 Telephone SLu�-L Authorized Ager'A-Siqv6ture BROOKE LAFRENZ, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of personally appeared 1 JOSEPH ARRIGONI = Q COMM. #1387805 V _ NOTARY PUBLIC- CALIFORNIA D I .�� LOS ANGELES COUNTY � My Comm. Expires Nov. 28. 2006 C' personally known to me ❑ 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. WITN SS my hand an official seal. Place Notary Seal Above SitItrature of Notagrublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General Cl Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIG HT THUMBPRINT OF SIGNER LN 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No 5907 Reorder. Call Toll -Free 1800- 876 -6827 CALIFORNIA ALL- PURP091 ACKNOWLEDGMENT • State of CALIFORNIA County of SAN DIEGO On 21 SEPTEMBER 2004 Date personally appeared before me, LAUREEN MCCURLEY. (NOTARY PUBLIC) Name ae True of Olf"t (e.g..'Ja Doe, Noary i M 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/herAheir authorized Gapacity(ies), and that by his/her /their signature(s) on the instrument the person(s), LAUREEN McCURLEY or the entity upon behalf of which the person(s) acted, V i2 !M. #1435584 n executed the instrument. U s NOTARY PUBLIC- CALIFORNIA N SAN DIEGO COUNTY n V� My Commission Expires WITNESS my hand and official seal. AUGUST 21, 2007 v24"77 Signature of 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 and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s)- ❑ Partner — ❑ Limited ❑ General IN Attorney -in -Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: SURETY RIGHTTHU67BPRINT OF SIGNER Signer's Name: ❑ Individual 0 Corporate Officer Title(s): Partner — ❑ Limited Cl General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHrTHU61BPRINT OF SIGNER 0 1994 NatforW Notary Association • 6236 fiemrtrel Ave., P.O. Box 7 164 • Car Park, CA 91309 -7164 Prof, W. 5907 Recr Cae Tdl -Free 1-600-676E 27 *POWER OF ATTORNEY 0 Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Brooke Lafrenz, Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby and Wendy H. Downs of San Diego, CA (EACH) its true and lawful Attorney(s }in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had "teen duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in•fact_ and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizance$, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous, consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company oraused this instrument to be signed and ilsloporate seal to be affixed by their authorized officers, this 1st day of March '2004 Attested and Certified cot'ZTf u SW H)1 / NISi07� Joseph S. L I, Corporate Secretary STATEOF CONNECTICUT SS COUNTY OF FAIRFIELD SS Arch Insurance Company Thomas P. Luckstone, Vice President Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary ads for the uses and purposes therein set forth. OFFICIAL SEAL � MELISSA e. GILLIM* � Ptrb6c /;2„� �s�M � My Com�ss" 28 2005 Melissa B. Gilligan, Nota� ry Public 7 My commission expires 2 -28 -05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attomey dated March 1. 2004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this cefcale; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 21ST day of SEPTEKBER , 20 04 Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. o Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable insurer deductible. .asp?L RATINGID= 840616&site search wor u/ fEW aa}WU.osm6 •s• s 4.11,T y �eloreri�et ' ' „r ClickLertto order! - IrtS .ncs Rwsumes ...• •: .•. . s +. e.s ch Insurance Compa stnsacx� Member of Arch Capital Group (U.S.) A.M. Best 9: 03186 NAICp: 11150 View a list of group members or the group's rating GO?. Mom search rsis Best's Ratinq Options BEST XIII A- (Excellent* ) g� w*,e Financia i _e_CaIegory �q at ($1.25 bil Ian to $1.5 billion Atli " %i%sears `Ratings as of 09/22/2004 02:22:51 PM E.S.T. Rating Category (Excellent): Assigned to= ampanies that have.•n our opinion, an excellent ability to. meet their ongoing obligations to policyholders. Accessing the Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of Pages on a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an ambest.com insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. consOfotee the users soreamentto Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register our terms of online. use, Information collected via this Website is — ____.__— .__.._ - .______..._ ............___.._.._.— ._—..._______-- __.........___.._.............. .. __. protected by our Copyright © 2004 by A.M. Best Company Inc. ALL RIGHTS RESERVED Privacy No part of this information maybe distributed in any electronic form. or by any means, or stored in a database or retrieval system, without the prior wnttan permission statement; of the A M. Best Company. Refer to our terms of use for additional details. Comments or concerns J ,j Snwhut Io fsctdml at wwwand)est.com - - -- - -: It Internet 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 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 Information Bid Item Description of Work i of Number Total Bid Name:(5,4—, [.P IZ5 Sua.�Z-Jt,jG n `I � Address: D J t,. 51 _ c u,TE O IU C� N • •7A�'` � out--NJGE 9Z� 7 _O 5 1 Phone: 71L-1) (, Lb 'CLq� 4C State License Number: LCJ�}I Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: R► cur A• P 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders ►- u• + 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 ANNUAL. SipF wA"K Rear R R —(oSg5 Project Description F?, olp 5A � cr2R&c -,crime �r RFL ATEZ= nA2VT Approximate Construction Dates: From 6-,— © I —off To: 7— o r— aS Agency Name C-1 1-t cot= Lc)"G 1�1=DC1! Contact Person G s NxorJ Rol✓ Telephone $G-4 S7o— S r -71 Td "IJsa -r8" 4 ?1 1a o a D Original Contract Amount $2+000pcnFinal Contract Amount $ rtor e-on�PLAETE If final amount is different from original, please explain (change orders, extra work, etc.) C ANX_- r_-©2DSRS CAwtJG Fob 4303D1- 00AJP,L- WOIZIt AND 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. 0 0 .1 : Project Name /Number doo'?, C_S— 19 Project Description BAR e f 11AM6�GE1> S�b�w�r Approximate Construction Dates: From I oZ ^t 0 3 To: t — a S -oA- Agency Name Ca-r^-/ oT =r jc1 L_E WcyCZ Contact Person <H AIJ H C+-tU Telephone (3to) L} Q — 5333_ Original Contract Amount $fo I Final Contract Amount $ 70. ;6i= If final amount is different from original, please explain (change orders, extra work, etc.) ca{.o, � o�� Foil MORE. Wo Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No.3 MI Project Name /Number rA1SeEL-i -AN SC)US cr�r�c2eTt R�PuACEMEt�T Project Description RaG or E 20 i7 e �2AZC�� -r L{ 5_t. i�_f ACcess RAMPS Approximate Construction Dates: From 1a -7 —o3 Agency Name CA-Ty ©r Tt{oUS�wD oA4LS.____ Contact Person 3RAVo Telephone (80$ 44q- 21i9RJ 382 Original Contract Amount $A%;.g= Final Contract Amount $ a,Qr� 7QS If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 4 S. S. 5Lk 90550 Project Name /Number Gau.arita ��.� uiFF ay St�eWAt PLS�STCN� Project Description R &(Z aF,wnar�i�5�w cu,Z3 6uTrF�2Aw�1Jr2tJF At�r'RMC}}E,S Approximate Construction Dates: From 1 -11 -o± To: a- tS -oL}-- Agency Name G11'Y of ?owrJE Contact Person _ J % to 8AwrtsTA Telephone G9� goLt-, -7 t t'7 Original Contract Amount $i ooFinal Contract Amount $ 17�. �e If final amount is different from original, please explain (change orders, extra work, etc.) oFZL) 2 TR>F2 T101JP4t- Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Ati,ti t�A l co�1c�F 1 E M_atZVEt3 CouTRACTora AS1h1EEDED 5PSIS Project Description 1- or Ste, CUP81; C' accsbSP�MPS �Rt � A P Ctl Approximate Construction Dates: From - 3-03 To: 1L -3o -C A-- Agency Name G TY or I rZ�lt tJ E _ Contact Person A_L__pN x/ARJ�':AS Telephone (qyl 7QLA —6150 04'14y as t 7�� 91{ e To _DAT>✓ — Original Contract Amount $ 9l 5 4Final Contract Amount $ t.,o i x ci=.oAPt"rE If final amount is different from original, please explain (change orders, extra work, etc.) .�0,3 NoT ccMPIk,TPJ7 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. • • DAMON CONST. CO. PROJECT REFERENCES PUBLIC AGENCIES Caltrans Mohammed Pasebani (310) 609 -0264 City of Azusa Lance Miller (626) 334 -5125 City of Baldwin Park Arlan Idnani (626) 960 -4011 City of Bell Luis Ramirez (213) 588 -6211 City of Bell Gardens William C. Pagett (562) 806 -7700 City of Burbank Kristy Shadle (818) 238 -5500 City of Cerritos Don Fager /Joanne Wozniak (562) 860 -0311 City of Commerce Martha Gomez (323) 722 -4805 City of Downey Jim Bautista (562) 904 -7117 City of Inglewood Joe Green (310) 412 -5280 City of Irvine Ralph Vargas (949) 724 -7616 City of Long Beach Gillis Monroe (562) 570 -5171 City of Newport Beach Kenneth Kim (949) 644 -3309 City of Santa Monica Greg DeVinck (310) 458 -8733 County of Orange Robert Witing (714) 567 -6253 L.A. Neighborhood Initiative (LANs Joyce Perkins (213) 627 -1822 L.A. Unified School Dist. Jerry Castillo (323) 789 -5030 Palos Verdes Peninsula USD Bill Lacher (310) 544 -4143 PRIVATE FIRMS Amelco Construction Rebecca Bishop (310) 327 -3070 Brutoco Engineering Ken Corey (909) 350 -3535 R.J. Daum Const. Mark Perong (714) 894 -4300 Del Amo Construction Harry Donahue (310) 378 -6203 E & T Constructors Roger Madison (562) 495 -8278 Excel Paving Co. Kurt Brown (562) 599 -5841 FTR International Ahmad Alayoubi (949) 263 -8170 GCI Construction, Inc. Floyd Bennett (714) 957 -0233 GEK Construction, Inc. Steve Dixon (310) 360 -9304 Gordon & Williams Doug Allen (949) 588 -2855 Hensel- Phelps Construction Chris Chacon (714) 490 -0019 Herzog Contracting Corp. John Weldon (909) 885 -1316 Kajima Construction Jason Chen (323) 269 -0020 Kemp Bros., Inc. Luis Cevallos (562) 236 -5000 Kiewit- Pacific Co. Bill Allen (310) 649 -1759 MCM Construction Ed Orsi (916) 334 -1221 McCormick Construction Larry McCormick (818) 843.2010 Majich Bros., Inc. Paul Majich (626) 398 -9992 Metro Builders Fred Williams (949) 515 -4350 Modem Continental Ural Yal (310) 223 -3991 C.C. Myers Brian G. Ramsay (310) 643 -7900 Nobest, Inc. Larry Nodland (714) 892 -5583 R.J. Noble Co. Stan Noble (714) 637 -1550 W.E. O'Neil Construction Jim Surdyk (310) 643 -7900 PCL Construction Senices Robert Blankmeyer (818) 246 -3481 Andrew Papac and Sons Richard Kordich (626) 443 -4061 TL Pavlich Tom Pavlich (909) 425 -8680 Peck/Jones Construction Don Kanning (310) 726 -3011 Ryco Construction Pat Ryan (310) 324 -1151 J.F. Shea Const. (Advanco) J.L. Russell (909) 982 -8803 Shimmick Construction Ted M. Anhara (323) 224 -6000 Steiny and Co. Dave Chadbourne (626) 338 -9923 Swinerton Bldrs. Tom Tunzi (310) 342 -0256 Ken Thompson Schalk Oppemran (714) 995 -1371 Western Paving Bill Miller (626) 338 -7889 Woodcliff Corporation Omead Tabrizi (818) 784 -8444 E. L. Yeager Tim Wilson (714) 985 -9992 PROJECTS CONTRACTOR/AGENCY PROJECT C /AMOUNT COMPLETION DATE C/O Burbank 1998 Street Imprv. 782,016 4 -99 C/O Azusa Foothill Blvd. Overlay 456,855 6 -99 Peck/Jones Continental Grand Plaza 217,580 6 -99 C/O Inglewood Sidewalk & Ped Ramp Const. 170,400 8 -99 E & T Constructors La Sema H.S. 186,393 10 -99 Del Amo Const. Bundy Dr. 134,460 12 -99 Excel Paving Co. S/W Imprv., Long Beach 884,685 1 -00 E. L. Yeager State Rte 91 @ Harbor Blvd. 347,820 8 -00 LANI Fairfax Village 235,750 9 -00 Excel Paving Co. Annual St.Resurf., Glendale 312,244 9 -00 Hensel - Phelps Disney Paradise Pier Proj. 133,000 10 -00 McCormick Const. DPSS - Glendale Office Bldg. 102,850 10 -00 R.J.Noble Co. Floral Park, Santa Ana 99,063 10 -00 City of Simi Valley 2000 -01 Curb,Gutter,S /W Repl. 327,201 12 -00 City of Burbank 2000 Citywide S/W Repair 795,018 3 -01 Advance Constructors Terminal Island, San Pedro 223,000 4 -01 Excel Paving Co. Inglewood C #00 -142 157,532 4 -01 Excel Paving Co. Citywide Repairs Ph 3 527,534 4 -01 Excel Paving Co. Citywide St.Repair,Long Beach 344,598 5 -01 Excel Paving Co. Compton Ave. 263,095 9 -01 Andrew Papac and Sons Busby Storm Drain 105,051 12 -01 City of Long Beach S/W Repl. (R -6521) 1,776,500 1 -02 H. A. Lewis Van Nuys E. S. 170,482 1 -02 MCM Const. Katella Ave. 12- 013334 132,000 1 -02 Excel Paving Co. StreetRep., Long Beach 548,010 6 -02 BmtocoEngineering Ave. VistaHermosa,S.Clemente 152,675 9 -02 Modem Continental Del Amo Grade Separation 361,793 10 -02 MCM Const. Imperial Hwy. 07- 119464 240,800 10 -02 LAUSD MannM,S. 128,900 6 -02 Majich Bros., Inc. Seal Beach Alleys 82,609 2 -02 City of Bell Atlantic Ave. 81,020 5 -02 Kiewit Pacific Hollywood Water Quality 185,195 5 -02 Swinerton Bldrs. Howard Hughes Center 153,995 7 -02 Excel Paving Co. Compton Ave. 263,095 7 -02 Herzog Contracting SCRRA Inland Empire 85,644 9 -02 GCI Balboa Village,Newport Bch 189,236 11 -02 City of Hermosa Beach Manhattan Ave. 456,600 2 -02 City of Bell Gardens Safe Routes to Schools 601,075 10 -02 R. J. Noble Co. Culver Dr./Michelson 79,932 8 -02 City of Newport Beach Balboa Island 517,004 6 -02 Majich Bros. Via Cerro, Newbury Park 119,500 8 -02 Excel Paving Co. Boeing Blvd. #54, Long Beach 210,300 12 -02 County of Orange Rossmoor Area 393,797 4 -03 City of Irvine Annual Cone. Maintenance 161,210 6 -03 Kiewit - Pacific JWPCP - Carson 153,985 6 -03 Nobest Annual S/W Repairs,Long Bch 700,000 6 -03 Excel Paving Co. Olympic Blvd., Beverly Hills 435,084 6 -03 Merro Southwest Campus Housing,UCLA 115,130 6 -03 R.J. Noble Bastanchury Rd.,Fullerton 10,500 8 -03 R.J. Noble Orangethorpe Ave., Fullerton 56,415 10 -03 Western Paving Metro Blue Line Ext.,Pasadena 169,142 11 -03 Steiny and Co. Columbine/La Palma,Anaheim 11,440 11 -03 Amelco Const, Additions to Bell Gardens H.S. 643,000 InProg. Gordon & Williams •Central Juvenile Hall Housing 155,5 InProg. W.E. O'Neil Belmont Village,Rancho P.V. 148,2 InProg. Kemp Bros. Huntington Park E. S. 394,000 InProg. City of Long Beach Annual Concrete Maint.(R -6595) 1,800,000 " Majich Bros., Inc. Seaward &Thompson,Ventura 23,550 " FTR International Broadway /Golden E.S.,Long Bch 35,342 " C.C. Myers 07- 1257U4, Diam.Bar/Industry 106,500 " City of Downey Gallatin Rd. & Woodruff Ave. 144,900 " Majich Bros. 4w Street, Santa Monica 211,634 " City of Commerce Safe Routes to School 346,775 " Palos Verdes Peninsula USD Asphalt/Concrete Repair 51,035 " County of Orange Reconst. Crab & Gutter 15,435 " J.F. Shea Huntington Bch Channel 19,000 " Steiny and Co. Smart Crossing,Lancaster 56,884 * * * ** R.J. Daum Const. L.A.Southwest College 256,138 * * * ** Woodcliff Belmont New Primary Ctr. 146,433 * * * ** LAUSD Hillcrest Drive E.S. 119,791 * * * ** Kajima Bonnie Ave. Parking Struct. 425,390 * * * ** City of Riverside Alley Improvements 279,701 * * * ** City of Alhambra 2004 Handicapped Ramp 94,506 * * * ** ** Start date has not been scheduled. 0 RESUME Ralph Rullo 1999 to Present - Damon Const. Co. — General Superintendent Supervise and manage $15,000,000 a year division. Responsibilities include hiring personnel, which includes Project Manager, Foremen, and Labor Force. Evaluate budgets and track job cost. Structure daily, weekly and monthly Construction Schedules. Work directly with the Estimating Department and Field Operations to discuss Work in Progress Budgets. 1986 to 1999 - Damon Const. Co. — Project Manager Organized and managed multiple activities on various jobs. Responsibilities included tracking pay quantities, meeting milestone dates, and interacting with Inspectors and Utility Companies. Meeting contract specifications for construction of projects and closing jobs at completion. Managed projects ranging from $20,000 to $2,000,000. 1982 to 1986 - Damon Const. Co. — Estimator Assistant 1979 to 1981 - Damon Const. Co. — Construction Laborer Performed general construction duties. 0 Project Description CA:>0sT oY Sl wt+ — cxt,t2 fz pf-1 1L C-JOL-F CAR!T_ Pot*i Approximate Construction Dates: From To: C� —Q.C�,—n - Agency Name Cr-ry oF7 AL4,y M5t -N Contact Person Joe-- Lycc,© Telephone(") S-7o -5=7a Original Contract Amount $44�Final Contract Amount $ i o8. S G I If final amount is different from original, please explain (change orders, extra work, etc.) C14AviGE. Or"�DEFZ t=orz. ADDtTIDNAL. WoRA' Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. PL4ap.sA—= se= :mac C czr REF7ERErlcJP_ u sT 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. —E Ar rracrtc —D rZFSvnnE Faz r��t Rul I O 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. pP1MC13 C_C*_3ST. C.O. M V Bidder Authori nature/Title Ma. —PR- 10 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County ofoRCw(2:e ) rnM(Q s%riP -r ANA, 2vLA-J::> being first duly sworn, deposes and says that he or she is FR.E.sroeNr of 3JP'6ty1 c.oNS--, cc,. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. -D6n 1'1 C_I=r.15T: Gn Bidder Authori ignature/Title MARE 'r�T'ArJ1 J 'RUL_L -0 -F PElJ� ,r Subscribed and sworn to before me this day of '2004. [SEAL] 1�- N t ry Public V JOSEPH ARRIGONI �d)/ M Commission Expires. _ COMM. #1387805 = d �;- ° NOTARY PUBLIC • CALIFOFNIA D '� �, LOS ANGELES COUNTY My Comm. Expires Nov. 28, 2006 � 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 DESIGNATION OF SURETIES I� Lidders name JV r r 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): ...,SuR�"f'1 E- S�t�?1D�. � A2GH �svRpslcE ccSPn'P•ANK /+- ` 135 1.iWR 1 .LOS PRcaLES AVt�ScJfiE025 \�J, QASAD6N.4i�c11,gllol , AGetitT: L.lhR" coGDCtt -� W4u�Sor.. AS?�.I GO. . °t333 GENESSE�FL�S�jSuITE.�SA l 1APJILI i`i TN$URRN�' : ST?EFU�- .FIRE.h14i4?1N� Po. Bc>X j '-4a56 ST. PAUL�MN, 5S1(nt oa5� CAUTC> S1 FAUN-. 'F tF2EA.,7 v Z1NE pp.T3 oX �'-k-a5lo ,..... _........ _ _....... $.G .t Au 1-i MN• 55.1(04 --O.�LSlo ` WoRKER�s C'.�Mt� � Ic�cn.PER. EMl?w�RS�.isuP -ANA po.'Box l 1 0 �•-7 •.9a8S81a7 f�GEt�tT •. GNFZiS H� �.N� TFFEWooDIT�tE coMP(\NY oNt -PARK t"'�AZA�su�'�� -ice �r v t t�1=1 ca• `t amt �{- " C`34g) 5S3 -9800 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL 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. 13 Current I Record Record Record Record Record Year of for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts 9+, xj 50 Total dollar Amount of Contracts (in 7 338 8)ilol Thousands of $ No. of fatalities $ $ No. of lost Workday Cases as No. of lost workday cases involving permanent transfer to ® 8 @ g �- another job or termination of emp>ment 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. 13 0 0 Legal Business Name of Bidder - DAtnonJ cctiST CSC. Business Address: aSSI warsonl sry cvaRaks CA. 9o�30 Business Tel. No.: (7L'+) 99S -S4.90 State Contractor's License No. and Classification: afs ®g Title,a F�GINECRIN� 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 Date Title Ma�s>r -� Rr��, rZv�r�— r�R�s�aErTT Signature of bidder Date SE al aaal= Title J . Z.o i3 ERT I2U l-LL> -SEC •�rtP�lS Signature of bidder _ Date Title Signature of bidder Date Title OrJ CoN ST CCU. l 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. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 ACKNOWLEDGEMENT OF ADDENDA The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 15 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of `--�`i G`�r� ss. 0 On �1 before me (F / Iaw ( NM- PtY�(�lMl(G Data ° /N -ame and Tale o uzr (e.g., 'Jane Doe, Notary Wblie) personally appeared 4 2u 6 J 6 sejg= r^((b Name(s) o gner(s ¢ H ARRIGONI l NoOMM. #1387805 ARY P LOS UauC 'C LIP RNIA T y - ANGELES COUNTY X My Comm . Expires Nov. 28, 2006 G( personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS my hand and fficial seal. r Place Notary Seal Above I Signalleffe of Notary tic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER m 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chat oM, CA 91313 -2402 Prod. No 5907 Reorder. Call Toll -Free 1-800 -876 -6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 ACKNOWLEDGEMENT OF ADDENDA The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature i I I 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 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: a)An6c?h1 c=)NST cs�,. Business Pbi cN E sax Telephone and Fax Number:(7tL-) 995 -54cin (714) 99S —S7o7 California State Contractor's License No. and Class: agos08 A (REQUIRED AT TIME OF AWARD) Original Date Issued ng X464 Expiration Date: AiwL-;2Q au r E, 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: + r � 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 C-YP2e -S, cA.906?O 955 -5490 Corporation organized under the laws of the State of IR 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: rQot.JE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; tJ OtiG-: Briefly summarize the parties' claims and defenses; Q &, Have you ever had a contract terminated by the owner /agency? If so, explain. tJ 4n Have you ever failed to complete a project? If so, explain. N o For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes No 17 • If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. emu.. .. • MARGAR4'T ,4%VQ N 4ZU l -L� (Print name of Owner or President of Corporation /Company) Authoriz d gnature/Title' f�.' ANA RLJL_L.-C) �Sl a�1T Title S F_eT —t MBGR, a1. aoo± Date Subscribed and sworn to before me this — — day of '2004. [SEAL] . •, JOSEPH ARRIGONI Q COMM. #1387805 NOTARY PU9LIC•CALIFORNIA D LOS ANGELES COUNTY My Comm. Expires Nov. 28, 2006 am 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 Li CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 10 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 CONTRACT THIS AGREEMENT, entered into this _ day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Damon Construction Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM Project Description 3718 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. 3718, 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. ON 0 0 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 Three hundred four thousand, five hundred twenty -five and 00/100 Dollars ($304,525.00). 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. Contractors 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: Frank Tran (949) 644 -3340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Damon Construction Company 8851 Watson Street Cypress, CA 90630 (714) 995 -5490 (714) 995 -5707 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 original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 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. 22 0 0 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. 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. 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. 23 0 0 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 City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. 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 sole negligence or 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. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. 24 0 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. APPj p AS TO FORM: J CI 7 ATTORNEY 25 DAMON CONSTRUCTION CO. t tie -, i ' 1 Member of Arch Capital Group (U.S.) A.M. Best #: 03186 NAIC M 11150 View a list of group members or the group's rating Moresear-h ,. .,t;�iiuww., Best's Rating (Excellent)* w BEST rF Finaneia Size Cate o as : Xlli ($1.25 bil Ion to $1.5 billion) iA sac¢rr "Ratings as of 09122,2004 02:22:51 PM E. S. T. w tda^ w *+ram Rating Category (Excellent): Assigned to °amp anies tinai nave, in our opmmn, an exceliert ability to one at their oegornc chi in abhors to policyholder=_ Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of Accessing'the, a company's balance sheet strength, operating performance and business profile. These ratios are not a warrant of an P2 on_ - 9 P 9 P P 9 Y arnlnsr.com, insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. constitutes the . use-'s.:' acre -ni Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register ourterms of online. use;!Ininrmation "'. collected Via this Web site: is crot -o-1 ur Copyright Oc 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED nP unr 11 No part of the informanon may be distributed In any electronic -.orm or by any means, or stored in a database or retne e'. system widrouttne prig written aern -i statement x th' A.N Best Comoany. Refer tc our terms of us mr addit:anal detail,. �amments or on-cons' License Detail . • Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 280588 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (-B,_, &P_7,124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lir button to obtain complaint and /or legal action information. • Per B &P. 7071.17,, only construction related civil judgments known to the CSLB are di • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 09/22/2004 * * * Business Information * * * DAMON CONST CO 8851 WATSON STREET CYPRESS, CA 90630 -2243 Business Phone Number: (714) 995 -5490 Entity: Corporation Issue Date: 12/13/1972 Expire Date: 04/30/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Klass l Description FA GENERAL ENGINEERING_ CONTRACTOR C -8 CONCRETE C12 EARTHWORK AND PAVING * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 88710 in the amc http: / /www2.cslb.ca.gov /CSLB_LIBRARY /License +Detail.asp 09/22/2004 License Detail Page 2 of 2 $10,000 with the Effective Date: 01/01/2004 Contractor's Bonding_.History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) JO ROBERT RULLO certified that he /she owns 10 percent or more of the voting stock/equity corporation. A bond of qualifying individual is not required. Effective Date: 01/01/1980 * * * Workers Compensation Information * * * This license has workers compensation insurance with the EAGLE. PACIFIC, INSURANCE COMPANY Policy Number: BB1040215 Effective Date: 01/01/2004 Expire Date: 01/01/2005 Workers Compensation H isto ._ .. ry Personnel listed on this license (current or disassociated) are listed on other licei Personnel_L_st Other Licenses License Number. Reguest Contractor Name Reguest Personnel Name Request Sales�erson Reguest Salesperson. Name Request C 2004 State of California. Conditions Use Privacy Polite bttp:// www2. csl b. ca. gov/ CSLB_LIBRARY /License+Detail.asp 09/22/2004 ACORD CERTIFICAl6017 LIABILITY INSURANSE OPID L DATE(MMIDD/YYYY) DAMONCO 10/28/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Park Plaza, #400 Irvine CA 92614 1 �'• =: y; Phone:949 -553 -9800 Fax:949 -553 -0670 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED N!);% i!I': INSURER A: St. Paul Fire and Marine 03/01/05 'INSURER B: Seabright Insurance Company $ 1,000,000 PREMISES (Ea occurence) INSURER C: MED EXP (Any one person) Damon Const. CO. INSURER D: $1,000,000 8851 Watson Street , - Cypress CA 90630 -2243 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY FFE VE DATE MWDDIYY POLICY XPIRATI DATE MWDD/YY LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE n OCCUR KC06100153 03/01/04 03/01/05 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurence) 5100,000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _ GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 PHI- POLICY LOC X JECT Em Ben. 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO KC06100153 03/01/04 03/01/05 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X -- BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS I X RRX�Comp HIRED AUTOS NON - OWNEDAUTOS ! i BODILY INJURY (Per accident) $ ded $1,000 X PROPERTY DAMAGE (Per accident) $ Coll Ded $2,500 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ C OCCUR D CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ I B WORKERS COMPENSATION AND EMPLOYERS' IETOI LIABILITY BBl- 04 -0215 ANY PROPRIETOR/PARTNER/EXECUTIVE 01 /01 /04 s 01/01/05 X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. OISEASE- EA EMPLOYEE] $3.,000,000 OFFICERIMEMBGR E %CLUCED? If yes, describe under I E.L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Newport Beach, its officers, agents, officials, employees and volunteers are named as Additional Insured as respects General liability and Auto Liability per attached endorsement. RE: Damon Job #1005JR, The City's Job #3718, 04 -05 Sidewalk, Curb & Gutter Replacement. *SEE NOTES* glaip /auai /wcwv CERTIFICATE HOLDER CANCELLATION CITYNEO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Newport Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3300 Newport Blvd. REPRESENTATIVES. AUTH I EP ESE VE Newport Beach CA 92658-8915 ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. *Except 10 Days Notice of Cancellation for Non - Payment of Premium.* This insurance shall apply as Primary and Non - Contributory per attached endorsement. *VOIDS AND SUPERSEDES THE PREVIOUS CERTIFICATE DATED 10/20/04* acT.2912004 07:47 71-49955707 Damon. Const Co #4e30 P.005 • • ADDITIONAL PROTECTED PERSONS ENDORSEMENT- CONTRACTORS Thostpaul GENERAL LIABILITY - INCLUDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection, How Coverage Is Changed There are two changes which are described below. 1. The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person. The person or organization remad below is an addlgonai protected person as required by a corthact or agreement entered Into by you. But only for covered injury or damaged arising out of: • your work for that person or organization, • your completed work for that person or organization if your contract of agreement requires such coverage. • premises you own, rent or lease from that person or organization; or • your maintenance, operation, or use of equipment leased from that person or organzation. We explain what we mean by your work and your completed work in the Products and completed work total limit section, If the additional protected person is an architect, engineer, or surveyor, we won't cover Injury or damage arising otit of the performance or failure to perform architect, engineer, or surveyor professional services. Architect, engineer, or surveyor professFanalservices includes: • the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specification; and • supervisory, inspection, or engineering services. 2 The following is added to the Other primary insurance section. This change broadens coverage. We'll consider this insurame to be primary to and non - contributory with the insurance issued directly to additional protected person listed below if: your contract specifically requires that we consider this insurance to be primary or primary and non - contributotw of you request before a loss that we consider this insurance to be primary or primary and non - contributory Insurance. Other Torras All other terms of your policy remain the same. City of Newport Boach, its officers, agents, officials, employees and volunteers. RE: Damon Jbb #1005JR, The City's Job #3718.0405 Sidewalk, Curb, & Gutter Replacement. Name of insured Policy Number KC06100153 Effective Date 03101/04 DAMON CONSTRUCTTON COMPANY Processing Date 10r28/2004 G0322 Rev. 1257 Primed In U.S.A. Endorsement QSt. Paul Fife and Marine Insurance Co. 1997 All Rights Reserved Page 1 OCT.2912004 07:47 7146955707 Damon Const Co • ADDITIONAL INSURED ENDORSEMENT - COMMERICAL AUTO This endorsement changes your Auto Liability Protection. How Coverage Is Changed The following is added to the Who is Protected tinder This Agreement section of your Auto Liability Protection. This Change Broadens coverage, The person or organization named below, for whom you are doing work, is protected. But only for bodily injury or property damage that results from the ownership, maintenance, use, loading or unloading of a covered auto by: • You • An employee of yours; or • Anyone who drives a covered aura with your permission or with the permission of one of Your employees or agents. Ll #4830 P.006 The StPau1 But, the person or organization named below is not a protected person if they are the owner of or anyone else from whom you rented, leased, hired or borrowed that covered auto. Other Tome All other terms of vour policy remain the same. Person or Organization: City of Newport Beach, its officers, agents, officials, employees and volunteers RE: Damon Job #1 D05JR, The City's Job 03718, D405 Sidewalk, Curb 8 Gutter Replacement. Name of Insured Policy Number KOOSID0153 Effective Date 03101!04 DAMON CONSTRUCTION COMPANY Processing Date 1072812004 CA019 Rev. 6-02 Printed in U.S,A Endorsement <DSt, Paul Fire and Marine Insurance Co. 2002 All Rights Reserved Page 1 OCT.29'2004 07:47 7148955707 Damon Conat Co #4930 P.007 • • WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different data is indicated below. (The folloMng'atteiching clause need be completed only When this endamemant is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM Issued to: Damon Const. Co. forms a part of Policy No, BB1-04 -0215 By: Seabright Insurance Company Premium: Determined at Audit We have the right to recover our payments from anyone liable for an injury covered by W* policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. SCHEDULE: Person or Organization: City of Newport Beach, its officers, agents, officials, employees and volunteers. RE: Damon Job #1 o05JR, The Citys Job #3718, 04.05 Sidewalk, Curb, & Ginter Replacement. WC 04 03 06 tsc. 4641 OC ^,.29'2004 07:47 7149955707 Damon Const Co #4 030 P.001 Damon Const Co. 8951 Watson St. Cypress, CA 90630 TEL:(714)995 -5490 FAX: (714)995 -5707 SINCE 1969 LICENSE #280588 FACSIMILE TRANSMITTAL TO -. PRom, K–K '' 1 MARTCEL COMPANY: DATE. CITY OF NEWPORT BEACH 10/29/04 PAX NUMPP..R: TOTAL, NO, OF PAGFS TN(MIIT)IN(9 COVER'. 949 - 644 -3318 7 PHONE NUMSEK TIM E: 7:40 A.M. RE: YOUR Rf KKENCE NUMEEI JOB # 1005 - CONTRACT NO. 3718 0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT L PLEASE REPLY D F.Y.I PT-S. RN THE FOS.LOWING REVISED CERTIFICINTE. OF INSURANCE ON THE ABOVE NIENTIONED JOB TI—LANK YOU! 0 k 1G1ght IS IN 7W AN i- FOR ANY CONCERN, PLS CALL EXT.113 %a—riccl ACCOUNTS RECEIVABLE /CONTItACI' COMPLIANCE 27 04 05:10p Fax #-. �tfq- fay�1431E CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach P. 1 This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: Z/O 1&, -0y Dept. /Contact Received From: 3-� aukr'� c� OyfzP Date Completed: / D/ D�1-fl I(fl f Sent to Cl- By: Company /Person required to have certificate: c l ,\ I. GENERAL LIABILITY nn A. INSURANCE COMPANY: r-c —cVr- B. AM BEST RATING (A: VII or greater): 7} X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? NrYes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? ," r t r4 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? VYes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? 2-Yes ❑ No G. PRIMARY & 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 solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes 4-N o 1. 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: 3fi , P -, 2 r 1 + ( -_ �,4L (-n B. AM BEST RATING (A: VII or greater): _ x U C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its •_ t officers, officials, employees and volunteers): Is it included? Yes v t4lNo (r(.i.cJ F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? "11 0- ❑ 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. Al. WORKERS' COMPENSATION A. INSURANCE COMPANY: _ —le-'a b-yl G m `J`- -f-r'1 S C4� B. AM BEST RATING (A: VII or greater): tq - y j j C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? 4-Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes �No IF NO, WHICH ITEMS NEED TO BE COMPLETED? �� 0 • FEDERAL PROVISIONS: LABOR COMPLIANCE AND SECTION 3 BID SUBMITTAL REQUIREMENTS F -2 - Federal Equal Opportunity / Affirmative Action Requirements F -10 - Federal Labor Standards Provisions (including Davis -Bacon Act requirements; Contract Work Hours & Safety Standards Clauses; Copeland Anti- Kickback Act Clause; and Employment of Apprentices/Trainees Clauses) F -14 - Housing & Urban Development Act Section 3 Clause regarding economic opportunities for lower income residents F -15 - Contracting with Small and Minority Firms, Women Business Enterprises and Labor Surplus Firms F -16 - Compliance with Federal Clean Air & Clean Water Acts F -17 - Certification of Non - Segregated Facilities F -18 - Certification with Regards to the Performance on Previous Contracts F -19 - Subcontractors Award Notice F -20 - Notice of Equal Employment Opportunity F -21 - Certification of Fringe Benefits F -22 - Certification of Understanding and Authorization F -23 - Federal Lobbyist Certification F -24 - Certified Payroll Report F -25 - Instructions for Certified Payroll Report F -28 - Statement of Compliance F -29 - Instructions for Statement of Compliance F -30 - Section 3 Economic Opportunity Plan F -31 - Section 3 Commitment Notice F -32 - Definition of Section 3 Terms F -35 - Federal /State Wage Decision /Determination F -1 i • FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS 1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed. And that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or outstanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempt by rules, regulations, or orders of the secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the F -2 0 0 contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246). a. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Timetables Goals for Minority Goals for Female Participation for Each Trade Participation in Each Trade 28.3% 6.9% These goals are acceptable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical are located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non - federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60 -4.3 (a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be given a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the "covered area" is the Standard Metropolitan Statistical Area of Los Angeles -Long Beach, specifically the County of Los Angeles, State of California. 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246) a. As used in these specifications: F -3 • • (1) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any persons to whom the Director delegates authority; (3) "Employer identification number' means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) "Minority" includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which contract resulted. C. If the contractor is participating (pursuant to 41 CFR Part 60 -4.5) in a Hometown Plan approved by the United Stated Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with the Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the Equal Opportunity Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in Paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally F -4 assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be conducted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foreman, superintendents, and other on -site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority and female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off - the - street applicant and minority or female referral from union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director where the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or women sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. F -5 0 9 (5) Develop on- the -job training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources complied under Paragraph 3g (2), above. (6) Disseminate the contractor's equal employment opportunity (EEO) policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, such matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. No later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the side and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. F -6 0 0 (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment - related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non - segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. Contractors are encouraged to participate in voluntary associations which assist fulfilling one or more of their affirmative action obligations described in Paragraphs 3g (1) through (16), above. The efforts of a contractor association, joint contractor - union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Paragraphs 3g (1) through (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, reflected in the contractor's minority and female work force participation, makes a good faith effort to meets its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. The contractor shall carry out such sanctions and penalties for violation of these specifications of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanction and penalties shall be in violation of theses specifications and Executive Order 11246, as amended. F -7 0 0 M. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60 -4.8. n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hour worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). P_ The Director from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performs in specific geographic areas. The goals, which shall be applicable to each construction trade, shall be published as notices in the Federal register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60 -4.2. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. 4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor /subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non - Segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing Required Reports. b. Submit a, notification of the subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitution Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. C. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. W • d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. e. For contracts in excess of $10,000, bind subcontractors to the Federal equal employment opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. 5. CIVIL RIGHTS ACT OF 1964. Under Title IV of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or part with funds made available under this Title. 7. THE AGE DISCRIMINATION ACT OF 1975. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. 8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. F -9 r Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis - Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 10 U.S. Department of Housing and Urban Development Office of Labor Relations taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period- that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(1b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) h II 't n action (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate) a report of the action Previous eltion is obsolete 2. Withholding. HUD or Its designee s a upon sow or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or Its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as tor, HUD-4010 (07/2D03) ref. Handbook 13x4.1 F -10 • • may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis - Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215. 0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). 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 - 00014 -1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, Previous edltmn is obsolete without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a 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 subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of labor, and shall permit such representatives to interview employees during - working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe F -11 form HUD -4010 (072003) ref. Handbook 1344.1 • benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the 9 contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions', provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers' and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any Previous edition is obsolete form HUD -4010 (072003) ref. HardbOOX 1314.1 F -12 0 subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated- damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert In any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 at seq. (3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous etlition is obsolete form HUD4010(072003) rel. Handbook 1344.1 F -13 r • SECTION 3 CLAUSE 1. Section 3 Clause. All Section 3 covered contracts shall include the following clause (referred to as the Section 3 Clause). a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employee and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, to be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The-contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other outstanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractors where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in the 24 CFR Part 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7 (b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7 (b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7 (b). F -14 0 L CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIRMS (Applicable to federally assisted construction contracts and related subcontracts) It is national policy to award a fair share of contracts to small and minority business firms. Accordingly, affirmative steps must be taken to assure that small and minority business are utilized when possible as sources of supplies equipment, construction and services. Affirmative steps shall include the following: a. Including qualified small and minority businesses on solicitation lists. b. Assuring that small and minority businesses are solicited whenever they are potential sources. C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by small and minority businesses. e. Using the services and assistance of the Small Businesses Administration and the Minority Business Development Agency of the Department of Commerce as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1 a through 1 e above. 2. Grantees shall take similar appropriate affirmative action in support of women's business enterprises. 3. Grantees are encouraged to procure goods and services from labor surplus areas. F -15 • • COMPLIANCE WITH CLEAN AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000) During the performance of this contract, the contractor and all the subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the forgoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: A stipulation by the contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) related to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all other regulations and guidelines issued thereunder. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. F -16 CERTIFICATION OF NON - SEGREGATED FACILITIES Federally Assisted Projects The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities means any waiting rooms, work areas, restrooms and .._washrooms, restaurants and other eating areas, tim.eclocks, 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 segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Company: Ji Armor caeJsT C U . F -17 • • CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder _Z_—, proposed subcontractor , hereby certifies that he has, has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has '/ , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. e t b No. o3�} -4D Date: q-2104 Project Number: S.P. 3r}So Awarding Agency: CITY of oRAivrot: Contractor Name: tlNN Ru u..L.p Affiliate Company: >i 4,mc t.i c.yrJST. Cxo Contract Award: $ ) ` 11P 5a Total Number of Employees: -7 — Title: rRFx.cpe.nrt 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.) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF -100 (EEO -1) must be filed by: (A) All private employers who are; (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owner or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60 -1.5 (2) Have 50 or more employees, and a. Are prime contractors or first -tier subcontractor, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes F -18 n W a cc Q 7 Q W O z O Q U O z N w O F^ Q f-' z U I ui Q Q W a C) W O cc LL z4 1 x U 0 w F z W W U a P. W a 11 x a 3 W A H Cn c0 O ti O I� N M I 0 0 N E W m z U Q z z O U W J U W O a r- -I F 2 W a � H W LL P, I O O a a w a Cc) x Qz W ¢ m U Q l z m ¢ 10 .2 IU J J Q Q O0 ❑ yW W :0 w ¢m O1 Z W U O ; :¢ W a >W LL ED P4 )O w �~ E Z i0 `n >Q x D2 >0 nz F jj ui :) 0: Q FW Z F z ¢o O P W¢ r tin U O W 2 co N Z m U > z O co U N O cn LL C � z n h O LL U C z 3 Q L;! Z Q £ o a ❑ ¢ ca U � U 00 m Z a z -Q U U a C U) W O I a [ F � I � ~ W H S � c 0 CD U F o Qn F- O O z O Q v C U � F t� I z I mo yaw p U Co J LL EL :EZz Z Z W U H Ld W �z u z a= za H N W r W cc aW6 > c0 U❑m � d, z� CC Z O W Z ¢ 0 cc m ❑ a w U ❑¢ w z N Q ¢ x U o F 2 W a � H W LL P, I O O a a w a Cc) x Qz W ¢ m U Q l z m ¢ 10 .2 IU J J Q Q O :0 w .o =0 :¢ a >W ED )O �~ Z i0 >Q D2 >0 nz jj ui :) 0: 0 Q n. Q P W¢ r m z U O a o Z m U O co Q cn O � z n h O LL U ¢ o z 3 Q L;! Z Q £ o ti N O O ¢ ca U � U 00 m Z U U m LL 0 0 Damon Const Co. 8851 WATSON ST. CYPRESS, CA 90630 TEL:(714)995 -5490 FAX: (714)995 -57 SINCE 1969 LICENSE #280588 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY CITY OF NEWPORT BEACH Awarding Authority Contract No.3718 Project: 2004 -2005 SIDEWALK C &G REPLACEMENT PROGRAM TO: TEAMSTERS COUNCIL NO. 42 P.O. BOX 5928 EL MONTE, CA 91734 -1928 The undersigned currently holds a contract with CITY OF NEWPORT BEACH involving funds or credit of the U.S. Government or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: HIRING ,PLACEMENT,UPGRADING,TRANSFER, OR DEMOTION; RECRUITMENT,ADVERTISING,OR SOLICITATION FOR EMPLOYMENT; TREATMENT DURING EMPLOYMENT;RATES OF PAY OR OTHER FORMS OF COMPENSATION; SELECTION FOR TRAINING,INCLUDING APPRENTICESHIP; LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. r-] Damon Const Co. T E L : ( 7 1 4 ) 9 9 5 - 5 4 9 0 FAX:(714)995 -57 i 8851 WATSON ST. CYPRESS, CA 90630 SINCE 1969 LICENSE #280588 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY CITY OF NEWPORT BEACH Awarding Authority Contract No. 3718 Project: 2004 -2005 SIDEWALK C &G REPLACEMENT PROGRAM TO: OPERATING ENGINEERS 100 EAST COROSON STREET PASADENA, CA 91103 The undersigned currently holds a contract with CITY OF NEWPORT BEACH involving funds or credit of the U.S. Government or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: HIRING ,PLACEMENT,UPGRADING,TRANSFER, OR DEMOTION; RECRUITMENT,ADVERTISING,OR SOLICITATION FOR EMPLOYMENT; TREATMENT DURING EMPLOYMENT; RATES OF PAY OR OTHER FORMS OF COMPENSATION; SELECTION FOR TRAINING,INCLUDING APPRENTICESHIP; LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. ,�� , J V-p 0 0 Damon Const Co. 8851 WATSON ST. CYPRESS, CA 90630 T E L : ( 7 1 4 ) 9 9 5 - 5 4 9 0 FAX: (714)995 -57 SINCE 1969 LICENSE #280588 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY CITY OF NEWPORT BEACH Awarding Authority Contract No.3718 Project: 2004 -2005 SIDEWALK C &G REPLACEMENT PROGRAM TO: CEMENT MASONS P.O. BOX 968 MONROVIA, CA 91017 The undersigned currently holds a contract with CITY OF NEWPORT BEACH involving funds or credit of the U.S. Government or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: HIRING ,PLACEMENT,UPGRADING,TRANSFER, OR DEMOTION; RECRUITMENT,ADVERTISING,OR SOLICITATION FOR EMPLOYMENT; TREATMENT DURING EMPLOYMENT;RATES OF PAY OR OTHER FORMS OF COMPENSATION; SELECTION FOR TRAINING,INCLUDING APPRENTICESHIP; LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. MAR T ANN RULLO Presiden • • Damon Const Co. 8851 WATSON ST. CYPRESS, CA 90630 TEL :(714)995 -5490 FAX:(714)995 -57 SINCE 1969 LICENSE #280588 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY CITY OF NEWPORT BEACH Awarding Authority Contract No.3718 Project: 2004 -2005 SIDEWALK C &G REPLACEMENT PROGRAM TO: CONSTRUCTION LABORERS P.O. BOX 8025 EL MONTE, CA 91732 The undersigned currently holds a contract with CITY OF NEWPORT BEACH involving funds or credit of the U.S. Government or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: HIRING ,PLACEMENT,UPGRADING,TRANSFER, OR DEMOTION; RECRUITMENT,ADVERTISING,OR SOLICITATION FOR EMPLOYMENT; TREATMENT DURING EMPLOYMENT; RATES OF PAY OR OTHER FORMS OF COMPENSATION; SELECTION FOR TRAINING,INCLUDING APPRENTICESHIP; LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. 4 ip 0 0 Damon Const Co. 8851 WATSON ST. CYPRESS, CA 90630 TEL:(714)995 -5490 FAX:(714)995 -57 SINCE 1969 Date: 10/19/04 W LN.T_E.R. P.O. BOX 90511 LONG BEACH, CA 90809 LICENSE #280588 Re: _2004 -2005 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM (Project No. and Description) _CITY OF NEWPORT BEACH (Project Location) Subject: Notification of Recruitment Policy Gentlemen: This notice is to inform you that DAMON CONST. CO. is an Equal Opportunity Employer. All recruiting, hiring, transfer, promotion, training, compensation, benefits, layoffs, and termination practices are administered without discrimination because of race, creed, religion, color, sex, age, or national origin. Since we are a Union contractor, we must contact the Union for our trades people. However, if the Union is unable to provide us with the minority and female craftworkers necessary for us to meet our Affirmative Action goals, we will refer any suitable non- union applicants to the local union for a temporary work order. We will afford every referral from you the opportunity to make an application and will maintain files on all applicants. Applicants should contact the following: Margaret Ann Rullo (714) 995 -5490 Marga e n Rullo, President 0 Damon Const Co. 8851 WATSON ST. CYPRESS, CA 90630 TEL:(714)995 -5490 FAX:(714)995 -57 SINCE 1969 Date: 10/19/04 THE NATIONAL CONFERENCE 1055 WILSHIRE BLVD. STE. 1615 LOS ANGELES. CA 90017 LICENSE #280588 Re: _2004 -2005 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM (Project No. and Description) _CITY OF NEWPORT BEACH (Project Location) Subject: Notification of Recruitment Policy Gentlemen: This notice is to inform you that DAMON CONST. CO. is an Equal Opportunity Employer. All recruiting, hiring, transfer, promotion, training, compensation, benefits, layoffs, and termination practices are administered without discrimination because of race, creed, religion, color, sex, age, or national origin. Since we are a Union contractor, we must contact the Union for our trades people. However, if the Union is unable to provide us with the minority and female crafrworkers necessary for us to meet our Affirmative Action goals, we will refer any suitable non- union applicants to the local union for a temporary work order. We will afford every referral from you the opportunity to make an application and will maintain files on all applicants. Applicants should contact the following: Margaret Ann Rullo (714) 995 -5490 Marga et A n Rullo, President E 0 Damon Const Co. 8851 WATSON ST. CYPRESS, CA 90630 TEL:(714)995 -5490 FAX:(714)995 -57 SINCE 1969 Date: 10/19/04 CAREER PLANNING CENTER CAREER SERVICES FOR WOMEN 1623 SO. LA CIENEGA BLVD. LOS ANGELES, CA 90035 LICENSE 11280588 Re: 2004 -2005 SIDEWALK CURB & GUTTER REPLACEMENT PROGRAM (Project No. and Description) CITY OF NEWPORT BEACH (Project Location) Subject: Notification of Recruitment Policy Gentlemen: This notice is to inform you that DAMON CONST. CO. is an Equal Opportunity Employer. All recruiting, hiring, transfer, promotion, training, compensation, benefits, layoffs, and termination practices are administered without discrimination because of race, creed, religion, color, sex, age, or national origin. Since we are a Union contractor, we must contact the Union for our trades people. However, if the Union is unable to provide us with the minority and female craftworkers necessary for us to meet our Affirmative Action goals, we will refer any suitable non- union applicants to the local union for a temporary work order. We will afford every referral from you the opportunity to make an application and will maintain files on all applicants. Applicants should contact the following: Margaret Ann Rullo (714) 995 -5490 Marga e A n Rullo, President 0 Damon Const Co. 8851 WATSON ST. CYPRESS, CA 90630 TEL:(714)995 -5490 FAX:(714)995 -57 SINCE 1969 Date: 10/19/04 TRADESWOMEN OF SOUTHERN CALIFORNIA 50 NORTH HILL AVE. STE. 300 PASADENA, CA 91106 LICENSE #280588 Re: _2004 -2005 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM_ (Project No. and Description) _CITY OF NEWPORT BEACH (Project Location) Subject: Notification of Recruitment Policy Gentlemen: This notice is to inform you that DAMON CONST. CO. is an Equal Opportunity Employer. All recruiting, hiring, transfer, promotion, training, compensation, benefits, layoffs, and termination practices are administered without discrimination because of race, creed, religion, color, sex, age, or national origin. Since we are a Union contractor, we must contact the Union for our trades people. However, if the Union is unable to provide us with the minority and female craftworkers necessary for us to meet our Affirmative Action goals, we will refer any suitable non- union applicants to the local union for a temporary work order. We will afford every referral from you the opportunity to make an application and will maintain files on all applicants. Applicants should contact the following: Margaret Ann Rullo (714) 995 -5490 Marg et nn Rullo, President 0 0 OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION = BENEFIT STATEMENT CONTRACTOR /SUBCONTRACTOR(Please Print) CONTRACT NUMBER FEDERAL AND PROJECT NUMBER DATE DAMON CONST.CO. TO: RESIDENT ENGINEER/DISTRICT LABOR COMPLIANCE OFFICER BUSINESS ADDRESS 8851 WATSON ST. The following information (as shown or referenced on wale rate determinations) paid to or on behalf of employees in various crafts or classifications is used to check payrolls or applied to force account work on the above contact. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE FIRST CERTIFIED PAYROLL, OR WHEN THERE HAVE BEEN ANY CHANGES CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME & ADDRESS OF PLAN FUND PROGRAM EFFECTIVE DATE CEMENT MASONS VACATION HEALTH & WELFARE PENSION DEFINED CONTRIBUTION(IRA) APPRENTICE/TRAINING OTHER $ $ $ $ $ $ 4.74 4.32 3.90 1.30 0.33 0.12 CEMENT MASONS TRUST FUND CEMENT MASONS TRUST FUND (JOURNEYMAN& 6TH APPRENTICE) 7/1/2004 1333 SO. MAYFLOWER AVE. STE. 350 MONROVIA, CA 91016 SUBSISTENCE ANOnR TRAVEL PAY $ SUBSISTENCE AN=R TRAVEL PAY $ CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME & ADDRESS OF PLAN FUND PROGRAM EFFECTIVE DATE CEMENT MASON VACATION HEALTH & WELFARE PENSION APPRENTICEFFRAINING OTHER $ $ $ $ $ 4.74 4.32 0.33 0.12 CEMENT MASONS TRUST FUND 9700 FLAIR DR. 4TH APPRENTICE EL MONTE, CA 91731 7/1/2004 SUBSISTENCE AN=R TRAVEL PAY $ CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME & ADDRESS OF PLAN FUND PROGRAM VACATION HEALTH & WELFARE PENSION APPRENTICErFRAINING OTHER $ $ $ $ $ 2.75 7.40 3.75 0.65 0.17 EFFECTIVE DATE OPERATING ENGINEERS 8/1/2004 OPERATING ENGINEERS FUND OFFICE P.O. BOX 7063 PASADENA, CA 91109 SUBSISTENCE AND,OR TRAVEL PAY $ CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME & ADDRESS OF PLAN FUND PROGRAM VACATION HEALTH & WELFARE PENSION APPRENTICE /TRAINING OTHER $ $ $ $ $ 2.60 6.52 4.80 0.52 0.12 CONST. TEAMSTERS TRUST FOR SO. CAL. EFFECTIVE DATE CONSTRUCTION TEAMSTERS 7/1/2004 P.O. BOX 5928 EL MONTE, CA 91734 -1928 SUBSISTENCE AND,OR TRAVEL PAY 1 certify under owmfty of penury Mat fringe benefits are paid to the approved Plans Funds or Programs as listed above NAME AND TITLE ( Please Print) (STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION FRINGE BENEFIT STATEMENT DC -CEM -2501 (OLD HC -50 REV 8194) 0 CONTRACTOR /SUBCONTRACTOR(Please Prim) CONTRACT NUMBER FEDERAL AND PROJECT NUMBER DATE DAMON CONST.CO. TO: RESIDENT ENGINEER /DISTRICT LABOR COMPLIANCE OFFICER BUSINESS ADDRESS 8851 WATSON ST. CYPRESS, CA 90630 The following information (as sham or referenced on wale rote determinations) paid to or on behalf of employees in various crafts or classificall" is used to check payrolls or applied to force account work on the above contract. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE FIRST CERTIFIED PAYROLL. OR WHEN THERE HAVE BEEN ANY CHANGES. CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME & ADDRESS OF PLAN,FUND, PROGRAM EFFECTIVE DATE LABORER VACATION $ HEALTH & WELFARE $ PENSION $ APPRENTICEITRAINING $ OTHER $ FRINGE BENEFIT HOURLY AMOUNT 2.76 4.16 4.95 0.26 0.27 CONST. LABORERS TRUST FOR SO. CAL P.O. BOX 8025 EL MONTE, CA 91731 JOURNEYMAN 7/1/2004 SUBSISTENCE AND/OR TRAVEL PAY $ CLASSIFICATION EFFECTIVE DATE LABORER VACATION HEALTH & WELFARE PENSION APPRENTICE/TRAINING OTHER $ $ $ $ $ 1.93 2.91 0.99 0.26 0.21 NAME & ADDRESS OF PLAN,FUND, PROGRAM CONST. LABORERS TRUST FOR SO. CAL APPRENTICE P.O. BOX 8025 7/1/2004 EL MONTE, CA 91731 SUBSISTENCE AND/OR TRAVEL PAY $ CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT VACATION HEALTH & WELFARE PENSION APPRENTICE/TRAINING OTHER $ $ $ $ $ NAME & ADDRESS OF PLAN,FUND, PROGRAM EFFECTIVE DATE SUBSISTENCE AND/OR TRAVEL PAY $ CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME & ADDRESS OF PLAN,FUND, PROGRAM VACATION HEALTH & WELFARE PENSION APPRENTICEITRAINING OTHER $ $ $ $ $ EFFECTIVE DATE SUBSISTENCEANDroRTRAVELPAY $ I certify under oenafty of perjury that fine benefits are paid to the approved Plans Funds or Programs as Gated above NAME AND TITLE ( Please Print) MARGARET ANN RULLO- PRESIDENT HC 50 Page 1 of 2 U.S. DEPARTWEN'T OF HOUSING A,ND URBAN DEVELOPAtLYT San Francisco Regional Office 450 Golden Gate Avenue, P. 0. Box 34003 San Francisco. California 94102.344.1 C'FRT/FIC'4TI0N FOR APPLICABLE FRINGE BEVEFIT P4 Fl1ENTS PROJECT ,NAb1E: PROJECT NUHBER: Classification/ :Name, Address and Telephone Number Fringe Bene us Prgvided orPlanlFund Program �� F I CEMENT MASONS TRUST FUND 11 (d9[1RN YMAN) - HealthandWel(are $ 4.32 1333 So. MAYFLOWER AVE. STE. 350 Pension 3.90 MONROVIA, CA 91016 Vacation 4.74 (62.6,) -305 -5700 ApprenticeshlolTroin ing0 . 4 5 DEFINED CONT. (IRA) 2) CEMENT MASON Health and Welfare 4.32 CEMENT MASONS TRUST FUND Pension — 9700 FLAIR DR. EL MONTE, CA 91731 4.74 (626) 444 -4600 Vocation AyorenticeshiolTraining O . 4 5 3) OPERATING ENGINEERS OPERATING ENGINEERS FUND OFFICE Health and Welfare 7.40 P.O. BOX 7063, PASADENA, CA 91109 Pension 3.75 _ (626) 356 -1042 Vacation 2.75 Apprenticeship /Training 0.82 OR: (Check if applicable) _ I certify that I do not make payments to approved fringe benefit plans,. funds, or programs. DAMON CONST. CO. by (Contractor/Subcontractor (Si t e) MARGAR T ANN RULLO l".I 19/a4 P RES ItERT (Date) (Title) 0 0 PAGE 2 O 2 U.S. DEPARLUENT OF HOUSING A.VD CRBA.1' DEVELOPNEST San Francisco Regional Office 450 Golden Gate Avenue. P. 0. Box 36003 Son Francisco, California 94102 -3448 ('FRTIFIC'4TION FOR APPLICABLE FRI CLE BEVEFIT P41'1/ENTC PROJECT NA,WE: PROJECT NUHBER: Classificationl Nome, Address and Telephone Number Fringe Benefits Provided of Plan/Fund Provam �i TEAMSTERS CONS.T. TEAMSTERS TRUST FOR SO. ,CAL. Health andWelare R.6.- 2 P.O. BOX. 5928 — — Pension 4.80 EL MONTE, CA 91734 -1928 Vacation 2.60 (6Z6)..459-9141 A Doren ticeship/Trainine 0 . 6 4 LABORER(JOURNEYMAN) CONST. LABORERS TRUST FOR SO. CAL Health and Welfare$ 4.16 P.O. BOX 8025 Pension 4.95 EL MONTE, CA 91731 Vacation ? 76 (626) 575 -2635 ApprenticeshiplTrainir.Q .53 LABORER (APPRENTICE) Health and Welfare 2.91 Pension 0.99 Vacation 1.93 A_pprenticeship/Trainin� 0 . 47 OR: (Check if applicable) CONST. LABORERS TRUST FOR SO. CAL. P.O. BOX 8025 EL MONTE, CA 91731 I certify that I do not make payments to approved fringe benefit plans,. fund;, or programs. DAMON CONST. CO, by (ContractorlSubcontractor (Sign ) MARGARET AN RULLO i o 09/0 y PRESIDENT (Date) (Title) 0 0 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Los Angeles Area Office, Region IX 1615 West Olympic Boulevard Los Angeles, California 90015 -3801 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: 2004 -2005 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM PROJECT NUMBER: CONTRACT NO. 3718 This is to certify that the principals, and the authorized payroll officer, below, have read and understand the Minutes of the Pre - construction Conference and the labor standards clauses - -- — -- pertaining to the- subject- project. _ -- ..... — -.._ �........ — The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance which will accompany our weekly certified payroll reports for this project: MARGARET ANN RULLO Payroll Officer (Name) Payroll 0 ce (Signature) DAMON CONST. CO. (Contractor /Subcontractor) By — (Signat e) ARGARET ANN RULLO- PRESIDENT (Title) ' (Date) 180588A Contractor /Subcontractor License No. F -22 0 0 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: 2>NVC4J CCD. Date: — Address: 88.51 y.JAT-soN S C.YP12p� State: CALIFo- lIA Zip Code: qol 30 Phone Number: ( -7t`+ ) g95— S*qn Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD). 1. No Federal appropriated funds have been paid, by or on person for influencing or attempting to influence an officer of Congress, an officer or employee of Congress, or an connection with the awarding of any Federal contract, th cooperative agreement, and any extension, continuation thereof, and; behalf of the above named firm to any or employee of any agency, a Member employee of a Member of Congress in making of and Federal grant, loan or , renewal, amendment, or modification 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 or an 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 above named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and; 3. The above named firm shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreement) and that all sub - recipients shall certify and disclose accordingly. 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 the 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. Authorized Official: Name: nn&gC AgJ=_J— A,-.I j Zvi 1 r• Title: t?RE,S I,DeK 1 Signature � �ia5 Date: SEfi t=.KA. alb F -23 )} � {( \ (!j `r( ;! LL � § \)) } ) \! ) \! ) \) \ )! \ �- ;! [ . i - \ - - _ - - : , {[ i \ (!j `r( ;! LL 0 0 INSTRUCTIONS FOR COMPLETING PAYROLL FORM General: The use of this payroll form is not mandatory. This form has been made available for the convenience of contractors and subcontractors required by their Federal or Federally -aided construction -type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis -Bacon and related Acts. This form meets needs resulting from the amendment of Davis -Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor, in addition to payment of not less than the predetermined rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans, funds or programs or by making these payments to the employees as cash in lieu of fringes. This payroll provides for the contractor's showing on the face of the payroll all monies to the employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of compliance on the rear of the payroll that he is paying to other - -- fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning - - the preparation of the payroll follow: Contractor or Subcontractor: Fill in your firm's name and check appropriate box Address: Fill in your firm's address. Column 1 - Name, Address, and Social Security Number of Employee: The employee's full name and Social Security Number must be shown on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless the address changes. Column 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5. Column 3 - Work Classifications: List classification descriptive of work actually performed by employees. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown or hours so worked is maintained and shown on submitted payroll by use of separate entries. Column 4 - Hours worked: On all contracts subject to the Contract Work Hours Standard Act enter as overtime hours worked in excess of 8 hours per day and 40 hours a week. Column 5 - Total: Self- explanatory Column 6 - Rate of Pay, including Fringe Benefits: In straight time box, list actual hourly rate paid the employee for straight time worked plus in cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. In overtime box shown overtime hourly rate paid, plus any cash in lieu of fringes paid the employee. See "Fringe Benefits" below. Payment of not less than time and one -half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962. In addition to paying no F -25 less than the predetermined rate for the classification which the employee works, the contractor shall pay to approved plans, funds or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract. See "FRINGE BENEFITS" below. FRINGE BENEFITS - Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition, the contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to each such employee for all hours (unless otherwise provided by applicable determination) worked on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employees' weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus $63.00/$120.00. Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction should be involved, use first 4 columns; show the balance deductions under "Other" column; show actual total under "Total Deductions" column: and in the attachment to the payroll describe the deduction contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 CFR, Part 3. If the employee worked on other jobs in addition to this project, show actual deductions from his weekly gross wage, but indicate that deductions are based on his gross wages. Column 9 - Net Wages Paid for Week: Self- explanatory Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. F -26 0 Statement Required by Regulations, Parts 3 and 5: While this form need not be notarized, the statement on the back of the payroll is subject to the penalties provided by 18 USV 1001, namely, possible imprisonment of 5 years or $10,000.00 fine or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Space has been provided between item (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the 'Deductions" column above, state "See Deductions column in this payroll." See paragraph entitled "FRINGE BENEFITS' above for instructions concerning filling out paragraph 4 of the statement. F -27 U U.S. Department of Labor Wage and Hour Division Date (Name of signatory party) STATEMENT OF COMPLIANCE (Title) (1) That I pay or supervise the payment of the persons employed by on the commencing on the (Project Title7Locavoo) of C Form Approved Budget Bureau No. " -R1093 Payroll No. _ do hereby state: (Contractor or Subcontractor) that during the payroll period 20 , and ending the day of 20, all persons employed on said project have been paid the full weekly wages earned that no rebates have been or will be made either directly or indirectly to or on behalf on said from (Contractor or Subcontractor) the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as Amended (49 Stai. 948, 63 Stat- 108, 72 Star. 967; 76 Stat. 357; 40 C.S.C. 276c), and described below. (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, united States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United State Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS O In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTIONS (CRAFT) EXPLANATION Remarks Name and Title Signature The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See section 1001 of title 18 and section 231 of title 31 of the United States code. Form WH -348 (1/68) Purchase this form directly from the Supt. of Documents F -28 0 0 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendment of the Davis -Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as predetermined by the Department of Labor, in addition to payment of the minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or programs or by making these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his payroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paving to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than - were -determined -in- the -applicable -wage- decision of the - Secretary -of- Labor shall continue-to- show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll an amount not less than the predetermined rate for each classification plus the amount of the fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate column, thus $3.25/.40. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c), Exceptions: Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or programs as fringes. F -29 0 0 SECTION 3 ECONOMIC OPPORTUNITY PLAN 1. Name and Address of Reporting Entity 2. Federal Identification: (Contract/Award No.) 3. Dollar Amount of Award: (Recipient, Sub- recipient, Contractor, Subcontractor) CONTRACT 9 3718 $ 304,525.00 DAMON C, CO. 8851 WATSON NST ST. 4. Contact Person: MARGARET ANN RULLO 5. Phone: (include Area Code) 714- 995 -5490 6. Reporting Period: 7. Date Report Submitted CYPRESS, CA 90630 11/03/04 S. Program Code: (Use a separate sheet for each Program Code) 10 Program Codes 1. Flexible Subsidy 2. Section 2021811 3. PublicAndian Housing Development, Operation and Modernization 4. Homeless Assistance 5. HOME 6. HOME - State Administered 7. CDBG — Entitlement S. CDBG - State Administered 9. Other CD Programs '10. Other Housing Programs Part I: Employment and Training Commitment JOB GLASS}NCATION - TOTAL NEW HHPES SECTIONS NEW HIRES % OF AGGREGATE HIRES WHO ARE SECTION 3 HtRE-S CODE(S) FACIAL ETHNIC Professionals: - g _� Technicians: 0 0 Office /Clerical: 0 0 Trade: 0 0 Trade: 0 0 Trade: 0 0 Trade: 0 0 Total: 0 Part II: Contract Award Commitment to Section 3 Businesses (subcontractors, suppliers, vendors, or service Providers) NAME OF SECTION 3 BUSINESS CONCERN SPECIFY CONSTRUCTION OR CODES) NONCONSTRUCTION CONTRACT CONTRACT AMOUNT RACIAL ETHNIC N/A RACIAL BACKGROUND: SINGLE CATAGORIES DOUBLE CATEGORIES 1. American Indian /Alaska Native 6. American Indian or Alaska Native AND White 2. Asian 7. Asian AND White 3. Black/Afdcan American 8. Black or African American AND White 4. Native Hawaiian /Other Pacific Islander 9. American Indian or Alaska Native AND 53 ack. or African American 5. White 10. Other - for individuals not identified above. ETHNIC F -30 s �.y NOTICE OF SECTION 3 COMMITMENT TO: CEMENT MASONS (Name of labor Union, Workers Representative, etc. P.O. BOX 968, MONROVIA, CA 91017 Name of Business (Contractor): DAMON CON T. CO. Project Name: )noL - ?nn5 S/w cu REPLACE- Project Number: 3718 MENT The Undersigned currently holds a contract with TAE CITY OF NEWPORT BEACH involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG- assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. Regarding employment opportunities for Section 3, the minimum number and job titles are: Minimum Number Job Classification NS EMENT Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is 11 / 15 / 04 . For additional information, you may contact /rn MARGARET NA N RULT.O PRESIDENT at 1� 4- 99)5 -5490 Contact Person's Name Title This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. p ,�Q� By. DAMON CONST. CO. (Print Name)(Sig.atu ) MARGARET ANN RULLO 11/03/04 PRESIDENT (Date) (rltle) F -31 NOTICE OF SECTION 3 COMMITMENT TO: CONSTRUCTION LABORERS (Name of Labor Union, Workers Representative, etc. P.O. BOX 8025 EL MONTE, CA 91732 Name of Business (Contractor): DAMON CONST. CO. Project Name: �nn4 9ee� S /W, C &G REPLACEME *Ojecf Number: 3718 The Undersigned currently holds a contract with THE CITY OF NEWPORT BEACH involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with — Section o >iiflousing and- 17rtin Deve opl menf –Acv of –IMY,7 e un— ersdigved Is o Iga e o the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG- assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. Regarding employment opportunities for Section 3, the minimum number and job titles are: Minimum Job Classification Number CONSTRUCTION LABORERS Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is 15 04 . For additional information, you may contact MARGARET ANN RULLO PRESIDENT at 71( 4 -995 -5490 Contact Person's Name Title This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. By: DAMON CONST. CO. (Print Name) (signatu A CARET ANN RULO (Date) 11/03/04 PRESIDENT F -31 TO: TEAMSTERS 0 NOTICE OF SECTION 3 COMMITMENT E (Name of Labor Union, Workers Representative, etc. Name of Business (contractor): DAMON CONST. CO. Project Name: _2gg4 _2„gs it., CRG RFnr AC> Project Number: 3718 MENT The Undersigned currently holds a contract with THE CITY OF NEWPORT BEACH involving Block Grant (CDBG) funds from the U. S. Department of Housing or a subcontract with a prime contractor holding such contract. and Urban Development You are advised that under the provisions of the above contract or subcontract and in accordance with Section o e Housing an -O-r a Deve op�Acfof l-9-6 e u gned Is obligated to the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG- assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. Regarding employment opportunities for Section 3, the minimum number and job titles are Minimum N Job Classification umber TEAMSTERS Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is 11/15/04 , For additional information, you may contact /WO41— u: of .� Contact Person's Name Title This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. By. DAMON CONST. CO. (Print Name) (sign re) ARGARET AN' RULL 11/03/04 PRESIDENT -) (Title) F -31 0 0 NOTICE OF SECTION 3 COMMITMENT TO: OPERATING ENGINEERS (Name of Labor Union, Workers Representative, etc. 100 EAST CORSON ST. PASADENA, CA 91103 Name of Business (Contractor): DAMON CONST. CO. Project Name:;ge -2e95 2 /w, C &G RFPrgcFMFfPtrojectNumber. 3718 The Undersigned currently .holds a contract with THE. CITY involving Block Grant (CDBG) funds from the U. S. Department of or a subcontract with a prime contractor holding such contract. OF NEWPORT BEACH Housing and Urban Development You are advised that under the provisions of the above contract or subcontract and in accordance the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG- assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. Regarding employment opportunities for Section 3, the minimum number and job titles are: Minimum N Job Classification umber OPERATING ENGINEERS Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is 1 1 / 15 /04 . For additional information, you may contact MARGARET ANN RULLO PRESIDENT at 714 -9 5 -5490 Contact Person's Name Title This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. By: „AMON CONST. CO. (Print Name)(slgnatu 10 ARGARET ANN RULLO 11/03/04 PRESIDENT (Dale) (Title) F -31 DEFINITION OF SECTION 3 TERMS 1. Housing and Community Development Assistance means any financial assistance provided or otherwise made available through a HUD housing or community development program through any grant, loan, loan guarantee, cooperative agreement, or contract, and includes community development funds in the form of community development block grants, and loans guaranteed under Section 108 of the Housing and Community Development Act of 1974, as amended. Housing and community development assistance does not include financial assistance provided through a contract of insurance or guaranty. 2. Housing Development means low- income housing owned, developed, or operated by public housing agencies in accordance with HUD's public housing program regulations codified in 24 CFR Chapter IX. 3. HUD Youthbuild Programs means programs that receive assistance under Subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992, and provide disadvantage youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for -- homeless- individuals- and - members -of -low= and -very -low- income - families - -- -- - - -- 4. JTPA means the Job Training Partnership Act. 5. Metropolitan Area means a metropolitan statistical area, as established by the Office of Management and Budget. 6. Neighborhood Area means: a. For HUD housing programs, a geographical location within the jurisdiction of a unit of general local government (but not the entire jurisdiction) designated in ordinances, or other local documents as a neighborhood, village, or similar geographical designation. b. For HUD community development programs, a neighborhood is defined as: (1) A geographical location within the jurisdiction of a unit of general local government (but not the entire jurisdiction) designated in comprehensive plans, ordinances, or other local documents as a neighborhood, village, or similar geographical designation; (2) The entire jurisdiction of a unit of general local government which is under 25,000 population; or (3) A neighborhood, village, or similar geographical designation in a New Community (which term means a new community project approved by the United States Secretary of Housing and Urban Development under Title VII of the Housing and Urban Development Act of 1970 or Title IV of the Housing and Urban Development Act of 1968). 7. New Hires mean full -time employees for permanent, temporary or seasonal employment opportunities. 8. Non - metropolitan County means any county outside of a metropolitan area. 9. Recipient means any entity which receives Section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State, unit of local government, public housing authority, Indian housing authority, Indian tribe, or other public body, public or private F -32 0 0 non - profit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which Section 3 applies and does not include contractors. 10. Section 3 Business Concern means a business concern: a. That is 51 percent or more owned by Section 3 residents; or b. Whose permanent, full -time employees included persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents, or C. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to the business concerns that meet the qualifications set forth in paragraphs 10a and 10b in this definition of Section 3 business concern. 11. Section 3 Covered Assistance means: a. Public and Indian housing development assistance provided pursuant to Section 5 of the 1937 Act; b. Public and Indian housing operating assistance provided pursuant to Section 9 of the 1937 Act; C. Public and Indian housing modernization assistance provided pursuant to Section 14 of the 1937 Act; d. Assistance provided under any HUD housing or community development program that is expended for work arising In connection with: (1) Housing rehabilitation (including reduction and abatement of lead -based paint hazards, but excluding routine maintenance, repair and replacement); (2) Housing construction; or (3) Other public construction project (which includes other buildings or improvements, regardless of ownership). 12. Section 3 Covered Contract means a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of Section 3 covered assistance, or for work arising in connection with a Section 3 covered project. "Section 3 covered contracts" do not include contracts awarded under HUD's procurement program, which are governed by the Federal Acquisition Regulation System. "Section 3 covered contracts" also do not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract. For example, a contract for the purchase and installation of a furnace should be a Section 3 covered contract because the contract is for work (i.e., the installation of the furnace) and thus is covered by Section 3. 13. Section 3 Covered Project means the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead -based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted F -33 • • with housing or community development assistance. 14. Section 3 Resident means: a. A public housing resident; or b. An individual who resides in the metropolitan area or non - metropolitan county in which the Section 3 covered assistance is expended, and who is: (1) A low- income person, as this term is defined in Section 3 (b) (2) of the 1937 Act. This Section defines this term to mean families (including single persons) whose income does not exceed 80 per centrum of the median income for the area, as determined by HUD, with adjustments for smaller and larger families; or (2) A very low- income person, as this term is defined in Section 3 (b) (2) of the 1937 Act. This Section defines this term to mean families (including single persons) whose incomes do not exceed 50 per centrum of the median family income for the area, as determined by HUD, with adjustments for smaller and larger families. 15 - Service Area means the geographical area in -which the persons benefiting from the Section 3 covered project reside. The service area shall not extend beyond the unit of general local government in which the Section 3 covered assistance is expended. F -34 0 FEDERAL DAVIS -BACON ACT PREVAILING WAGE RATES & STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS GENERAL PREVAILING WAGE DETERMINATIONS NOTE: The Federal and /or State wage rates attached hereto may be subject to modification by the U.S. Department of Labor and the California Department of Industrial Relations. In the event of any such modification prior to the issuance of the Notice of Award of Contract and affecting said contract, the Agency shall provide written notification of such modification in the form of a bid/ contract addendum. F -35 0 • GENERAL DECISION: CA20030035 07/16/2004 CA35 Date: July 16, 2004 General Decision Number: CA20030035 07/16/2004 Superseded General Decision Number: CA020035 State: California Construction Types: Building, Heavy (Heavy, and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 ASBE0005 -002 01/01/2004 Publication Date 06/13/2003 01/30/2004 03/05/2004 04/02/2004 05/21/2004 07/16/2004 Rates Fringes Asbestos Workers /Insulator includes the application of all insulating :materials, protective coverings, coatings, and Knishes to all types of mechanical systems ........ ..$ 32.56 9.80 --------------------- ---------------- ----------- 30I -?0092 -003 01/01/2004 Rates Fringes Boilermaker. ........... — ...... $ 32.84 15.61 ---------------------------------------------------------------- BRCA0004 -010 05/01/2003 Pates Fringes Bricklayer BRICKLAYER; MARBLE MASON ... .$ 29.96 5.90 --------------------------------------------------------------- BRCA.0018 -007 06/01/2003 Rates Fringes Marble Finisher ................$ 19.90 4.56 Tile Finisher ..................$ 16.65 3.86 Tile Layer .....................$ -------------------------------- ---- 26.50 ----- ---- 8.40 ---- -------- -- - --- GD -1 0 ERCA0018 -010 09/01/2003 0 Rates Fringes Terrazzo Finisher ..............$ 21.38 6.84 Terrazzo Worker ................$ 28.27 6.84 ----- - -- --- - - - - - -- CARP0409 -001 07/01/2003 Rates Fringes Carpenters: (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer, .................. 0 29.80 7.38 (2) Millwright ..............$ 30.30 7.38 (3) Piledriver /Derrick Bargeman., Bridge or Dock Carpenter, Heavy Framer ..... $ 29.93 7.38 (4) Bridge Carpenter, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 29.93 7.38 (5) Pneumatic Nailer, Power Stapler ...............$ 30.05 7.38 (6) Sawfiler ...............$ 29.88 7.38 (7) Scaffold Builder .......$ 23.70 7.38 (8) Table Power Saw Operator ....................$ 29.90 7.38 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. Certified Welder - $1.00 per hour premium. ---- ---- ------------------- CARP0409 -002 07/01/2003 Rates Fringes Diver (1) Wet .....................$ 526.88 7.38 (2) Standby .................$ 263.44 7.38 (3) Tender ..................$ 255.44 7.38 NOTE: Amounts in "Rates" column are per day --------------------------------------------------------------- CARP0409 -005 07/01/2003 Drywall (1) Work on wood framed construction of single Rates Fringes GD -2 0 0 family residences, apartments or condominiums under 4 stories INSTALLERS .................$ 19.00 5.18 STOCKER/SCRAPPER ........... $ 10.00 5.27 (2) All other work INSTALLERS .................$ 29.80 7.38 STOCKER/SCRAPPER ........... $ 10.00 5.27 CARP0409 -008 07/01/2003 Rates Fringes Modular Furniture Installer (1) Mobile Filing System Installer ...................$ 13.76 5.80 (2) Modular Furniture Installer ...................$ 14.36 5.80 (3) Full Wall Technician. ... $ 20.47 5.80 -- - -- ------- - - - - -- ELEC0011 -006 12/01/2001 Rates Fringes Communications System installer ...................$ 2223 30 + 4.40 Technician ..................$ 23.93 3% + 4.40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and /or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background - foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi- media, multiplex., nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. ELEC0441 -001 12/01/2003 Rates Fringes Cable splicer ..................$ 33.18 38 +10.23 Electrician ....................$ 31.72 3€ +10.23 ---------------------------------------------------------------- ELEC1245 -001 06/01/2004 GD -3 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% 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. --- -- -- - -- ENGI0012 -003 07/01/2003 Rates Fringes Power equipment operator - cranes, piledriving, hoisting GROUP 1 ....................$ 29.30 13.20 GROUP 2 ....................$ Rates Fringes .Tine Construction 13.20 GROUP 3 ....................$ (1) Lineman; Cable splicer..$ 35.01 4%+8.93 (2) Equipment specialist 30.51 13.20 (operates crawler 30.73 13.20 tractors, commercial motor GROUP 6 ....................$ 30.84 vehicles, backhoes, GROUP 7 ....................$ 30.96 trenchers, cranes (50 tons 13.20 GROUP 8 ....................$ and below), and overhead 13.20 GROUP 9 ....................$ and underground 31.30 13.20 distribution line 32.30 13.20 equipment) ..................$ GROUP 11 ....................$ 29.76 33.30 4%+8.25 (3) Groundman ...............$ 22.76 4%+8.25 (4) Powderman ...............$ 13.20 33.27 GROUP 13 ....................$ 4%+8.29 - -- ELEV0018 -001 09/15/2001 13.20 - ---------------- Rates Fringes Elevator Mechanic ..............$ tunnel work 33.695 7.455 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% 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. --- -- -- - -- ENGI0012 -003 07/01/2003 Rates Fringes Power equipment operator - cranes, piledriving, hoisting GROUP 1 ....................$ 29.30 13.20 GROUP 2 ....................$ 30.08 13.20 GROUP 3 ....................$ 30.37 13.20 GROUP 4 ....................$ 30.51 13.20 GROUP 5 ....................5 30.73 13.20 GROUP 6 ....................$ 30.84 13.20 GROUP 7 ....................$ 30.96 13.20 GROUP 8 ....................$ 31.13 13.20 GROUP 9 ....................$ 31.30 13.20 GROUP 10 ....................$ 32.30 13.20 GROUP 11 ....................$ 33.30 13.20 GROUP 12 ....................$ 34.30 13.20 GROUP 13 ....................$ 35.30 13.20 Power equipment operator - tunnel work GROUP 1 ....................$ 30.58 13.20 GROUP 2.A .................$ 30.87 13.20 GROUP 3 ....................$ 31.01 13.20 GROUP 4 ....................$ 31.23 13.20 GROUP 5 ....................$ 31.34 13.20 GROUP 6 ....................$ 31.46 13.20 GROUP 7 ....................$ 31.76 13.20 Power equipment operators: GROUP 1 ....................$ 27.95 13.20 GROUP 2 ....................$ 2833 13.20 = 0 GROUP 3 ....................$ 13.20 29.02 13.20 GROUP 4 ....................$ 30.51 GROUP 5 ....................$ 13.20 31.61 13.20 GROUP 6 ....................$ 30.73 GROUP 7 ....................$ 13.20 31.83 13.20 GROUP 8 ....................$ 30.84 GROUP 9 ....................$ 13.20 31.94 13.20 GROUP 10 ....................$ 30.96 GROUP 11 ....................$ 13 32.06 13.20 GROUP 12 ....................$ 31.13 GROUP 13 ....................$ 31.23 GROUP 14 ....................$ 31.26 GROUP 15 ....................$ 31.34 GROUP 16 ....................$ 31.46 GROUP 17 ....................$ 31.63 GROUP 18 ....................$ 31.73 GROUP 19 ....................$ 31.84 GROUP 20 ....................$ 31.96 GROUP 21 ....................$ 32.13 GROUP 22 ....................$ 32.23 GROUP 23 ....................$ 32.34 GROUP 24 ...... ... ... ..........:...-:- $32:46 GROUP 25 ....................$ 32.63 0 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13.20 13 ..........._ ...... .20 13.20 FOOTNOTES: PREMIUM PAY of $3.00 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, and Vandenburc AF3. Workers required to suit up and work zn 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: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator - inside; Engineer Oiler; Forklift operator ('includes load, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt- rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt- rubber blend operator; Bobcat or similar type (side steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman GD -5 9 0 (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra- hammer -aerc stomper; Micro Tunneling (above ground tunnel); 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.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck /Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or simi'_ar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator (including water wells); Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary - Johnson - Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self- propelled tar pipeliring machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1 -1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator - bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and 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: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt- rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self - propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger GD -6 0 0 or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator ( Athey, Euclid, Sierra and similar types); Ozzie padder or similar types; P.C. slot saw; 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; Shuttle buggy; Skiploader operator (crawler and wheel type over 1 -1/2 yds. up to and including 6 -1/2 yds.); Soil remediation plant operator; Surface heaters andploner operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); Ultra high pressure waterjet cutting tool system mechanic; tauter pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types- Texoma 900 auger or similar types- drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type- except Quad 9 cat.); Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth- moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6 -1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or GD -7 0 0 similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi- engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle - wheel -auger type self - loading - two (2) or more units) GROUP 13: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth- moving equipment operator, -- operaEin equipment nith -... .... . __..._.. g push -pull system �srngle engiT ne, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck.); Rubber -tired earth- moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth- moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar GD -8 0 0 types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, Euclid, Athey wagon and similar t ._-- - - - -- --- .._..._.. .... ypes with any and all attachments - over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth- moving equipment operator, operating equipment with the tandem push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and u? to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMEMT CLASS IF ICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes load, 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: Hydraulic boom truck; Stinger crane (Austin - Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Orator crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar GD -9 9 0 types); Material hoist and /or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highlir.e cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecEng tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick 'urge 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 GD -10 • including 10 tons) 11 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 Repairman GROUP 7: Tunne l mole boring machine operator -- -- -- -- - - - -- ENGI0012 -004 08/01/2003 Rates Fringes Power equipment operators: Fence erector ...............$ DREDGING: 15.29 Ornamental, reinforcing (1) Leverman ...............$ $ 34.95 15.29 13.22 -- (2) Dredge dozer ........... $ 32.24 13.22 Fringes (3) Deckmate ...............$ 31.37 11.72 13.22 - (4) winch operator (stern -- winch on dredge) ........... $ 30.82 13.22 (5) Fireman; Deckhand and Bargeman ...................$ 30.28 13.20 (6) Barge Mate .............$ 30.89 13.22 IRON000I -019 07/01/2002 Rates Fringes Ironworkers: Fence erector ...............$ 25.97 15.29 Ornamental, reinforcing and structural ............ $ 26.86 15.29 ------- - - - - * LABO0300 -001 07/01/2004 -- -- Rates Fringes Brick Tender ...................$ 21.60 11.72 - * LAS00300 -003 07/01/2004 - --- -- Rates Fringes Laborer: Gunite GROUP 1 .....................$ 22.84 15.71 GD -11 0 11 1'�1 GROUP 2 .....................$ 21.89 15.71 GROUP 3 .....................$ 18.35 15.71 Laborer: Tunnel GROUP I. ... _ .... ___ ... _$ 23.57 12.19 GROUP 2 .....................$ 23.89 12.19 GROUP 3 .....................$ 24.35 12.19 GROUP 4 .....................$ 25.04 12.19 Laborers: GROUP 1 .....................$ 20.60 12.13 GROUP 2 .....................$ 21.15 12.13 GROUP 3 .....................$ 21.70 12.13 GROUP 4 .....................$ 23.25 12.13 GROUP 5 .....................$ 23.60 12.13 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smostack, silo, storage e7.evator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. 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; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea CID-12 • • 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 --- simila'rmechariica''_Eools not separately classified herein, Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pcint'_ng and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand- propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand- guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all ocher types of mechanical drills without regard to the form of motive power; Toxic waste removal GD -13 • i 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 nicker 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 --_.. -. -_ d an.. .. p setter; Timber p e .. rson, .. —.. reti.. mber person . .,- - - --- raiser , 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 -------------------------------------------------------- * LAB00300 -005 08/07/2002 Plaster Clean -up Laborer ..... ..$ Plasterer tender ...............$ * LAB00882 -002 01/01/2004 Rates Fringes 20.45 10.17 23.00 10.17 Rates Fringes Asbestos Removal Laborer ....... $ 22.00 9.20 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos- containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. - -- - - -- - -- ---------------- ----------------- * LABO1184 -001 07/01/2004 Rates GD -14 Fringes 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 hart 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 ---------------------- * PAIN0036 -001 01/01/2004 Rates Fringes Painters: (1) Repaint Including Lead Abatement ...................$ 22.25 6.64 (2) All Other Work: ......... $ 25.52 6.64 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 not included in conjunction with the construction of the building and all repainting of tenant improvement projects. GD -15 Laborers: STRIPING /SLURRY SEAL GROUP 1 ....................$ 22.16 10.39 GROUP 2 ....................$ 23.41 10.39 GROUP 3 ....................$ 25.34 10.39 GROUP 4 ....................$ 27.01 10.39 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 hart 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 ---------------------- * PAIN0036 -001 01/01/2004 Rates Fringes Painters: (1) Repaint Including Lead Abatement ...................$ 22.25 6.64 (2) All Other Work: ......... $ 25.52 6.64 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 not included in conjunction with the construction of the building and all repainting of tenant improvement projects. GD -15 • * PAIN0036 -008 01/01/2004 Rates Drywall Finisher ...............$ 26.83 -------------------------------------------------- * PAIN0036 -015 06/01/2003 Rates Glazier ........................$ 29.20 u Fringes 9.23 ---- ---- - - -- -- Fringes 9.75 FOOTNOTE: Additional $1.25 per hour for work in a condo, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing state or any suspended contrivance, from the ground up ---------------------------------------------------------------- * PAIN1247 -002 01/01/2004 Rates Fringes Soft Floor Layer......._'...._. ...._..... _ .. ...$ 27.95 6.55 - -- - - -- - - - -- - - - - -- - - - -- - - -- -- - - --- - - - -- - - -- * PLAS0200 -009 08/07/2002 Rates Fringes Plasterer ......................$ 26.77 6.76 ---------------------------------------------------------------- * PLAS0500 -002 07/01/2003 Pates Fringes Cement Mason. ... .............. $ 24.00 13.25 ---------------------------------------------------------------- * PLUM0016 -001 07/01/2003 Rates Fringes Plumber /Pipefitter (1) Work on strip malls, light commercial, tenant improvement and remodel work: .................... —$ 23.57 8.90 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. £t. of floor space. .... .......... .$ 29.42 10.23 (3) Landscape and Irrigation work; ..... $ 23.62 10.21 (4) Sewer and Storm Drain work: 20.49 10.45 (5) All other work: ......... ----------------------------------------------------------- $ 30.41 10.80 PLUM0250 -002 09/01/2002 Rates Fringes GD -16 a 0 Refrigeration Mechanic REFRIGERATION FITTER ........ $ 33.10 10.40 ___________________________________ * PLUM0345 -001 07/01/2003 Rates Fringes Landscape & Irrigation Fitter..$ 23.62 10.21 * ROOF0036 -002 03/31/2003 Rates Roofer 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 waterproofing materials ..................5 26.17 ROOFER ......................$ 25.17 Fringes 5.80 6.05 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. * SFCA0669 -008 01/01/2004 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes Sprinkler Fitter, Fire ......... $ 26.75 10.95 --- - - - -- -- * SFCA0709 -003 04/01/2004 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes Sprinkler Fitter, Fire ......... $ 31.23 14.10 -- ------------------- * SHEE0105 -003 02/01/2004 INYO, KERN (Northeast part, East of Hwy 395), LOS ANGELES (Including Pomona, Claremont, Catalina Island, Long Beach and GD -17 0 • PCC CONTRACT 2004-2005 8/2512004 WESTCLIFF AREA WORK SCHEDULE Loc. No. LOCATION I STREET NAME & NO. SIDEWALKI S.F. C 1, G I L.F. ACCESS I RAMP-EA ROOT I PRUNING DRIVEWAY APPROACH S.F. 1 1508 -1510 Westcliff Dr. 320 1 1 2 1606 Westcliff Dr. 1610 Westcliff Dr. 96 3 132 2 1 4 1838 Westcliff Dr. on Rutland Rd. 1184 Rutland Rd. 96 112 5 6 1228 Rutland Rd. 112 1285 Rutland Rd. 52 8 1283 Rutland Rd. 76 9 AF 1142 Rutland Rd. 160 1 10 AF 1082 Rutland Rd. 68 11 AF 1068 Rutland Rd. -16-0 2 _2 12 1226 Irvine Ave. 80 13 1246 Irvine Ave. 142 2 14 1921 Mariners Dr. 184 1 15 1821 Mariners Dr. 104 200 1 16 1815 Mariners Dr. 1 17 1801 Mariners Dr. 1357 Sussex l-nw Dover Dr. 36 1 18 200 2 19 1358 Sussex Ln on Dover Dr. 1601 Harrow P1. on Dover Dr. 40— 1 20 224 1 21 1606 Harrow P1. 100 56 1 22 1607 Harrow Pl. 1 23 24 1601 Harrow PI on Dover Dr. 1961 Cumberland Ln. on Dover Dr. 48 1 2 224 in 25 1500 Cornwall Ln. on Dover Dr. 1 26 1067 Dover Dr. 64 1- 27 1051 Dover Dr. 1057 Dover Dr. 96 40 1 29 ___ 1005 Dover Dr. _ 5-6- 30 1001 Dover Dr. 1069 Buckingham En. ---f2 31 2 32 1092 Buckingham Ln. 152 96 33 1096 Buckingham Ln. 1 34 --- -55 1601 Cornwall Ln on Buckingham Ln. IN 61 balfbid Ln on Buckingham Ln. 114 2 96 184 1 36 1600 Westcliff Dr. on Buckingham Ln. 1- 37 1500 Cornwall Ln. 92 2 38 . ..... ..... . ..... . ........... 1522 Cornwall Ln. 1100 Pembrook Ln. on Cornwall Ln. ...... .... 36 1 39 108 2 40 1601 Cornwall Ln. 208 1 41 1525 Cornwall Ln. 40 64 144 42 1515 Cornwall Ln. 1 43 1142 Pembroke Ln. 44 1200 Pembroke Ln. 45 1141 Pembroke Ln. 1 46 1123 Pembroke Ln. 1 47 1341 Sussex Ln. 92 1 48 1301 Sussex Ln. 49 50 1227 Sussex Ln. ---- - 1221 Sussex Ln. 180 2 --- 1201 Sussex Ln. -- 1545 Cumberland Ln. 104 1 52 1-00 — — Contract 2004 to 2005 WestcliffAs Page 1/5 i • 0 0 SP 14 OF 14 d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barrier Specifications: a. Install root barrier panels with the length of each root pruning cut at a minimal of 12" below grade for sidewalk and 18" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors (e.g., Century Root Barrier Panels, CP- Series, CP12 -2). c. The product shall be installed per manufacture's specifications. F: \USERS \PBW \Shared \Contracts \FY 04- 05 \04 -05 SIDEWALK REPLACEMENT C -3718 \SPECS 0- 3718.doc(ssr) r � SP 13 OF 14 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway (949- 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines: 1. Root Pruning a. Prior to removal of the damaged concrete, no root pruning will be allowed after the new concrete has been installed. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root - pruning machine, approved by the City's Urban Forester and Field Maintenance Superintendent prior to the start of the contract. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine (Vermeer or Dosko) shall be made to the length of the repair as indicated. b. The cut shall be a minimum 12" below grade for sidewalks and 18" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. • • SP 12 OF 14 303 -5.1.1 General. Add to this section: 1. "Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless signed agreement with the property owner can be obtained. 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after the commencement of their removal. 4. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 5. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 6. All forms shall be removed, irrigations systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 7. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours of reconstructed work. 8. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has been sufficiently cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use." 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 W -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." 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 11 OF 14 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, 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 "1-1/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements • • SP 10 OF 14 per City of Newport Beach Standard Plan STD - 181 -L -A, Case E, and Detail on Plan No. 2/10, and all other work items as required to complete the work in place. Item No. 7 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. Access Ramp, per Access Ramp Detail on Plan No. 3/10, and all other work items as required to complete the work in place. Item No. 8 Root Pruning and Install Root Barrier: Work under this item shall include root pruning and disposal, providing and installing root barriers per Section 308 -1.4, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 9 Survey: Work under this item shall include providing any and all surveying required to complete the work in place, including restoration of survey monuments and filing the corner records /record of survey with the County of Orange. Item No. 10 Restoration of Public and Private Improvements: Work under this item shall include repair, restoration, or reconstruction all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, ornaments and other decorative items required to complete the work 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." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -1.6 Matching Concrete. Add to this section: "P.C.C. to be reconstructed must match characteristics of existing P.C.C. including color and pattern of control joints." Fi 0 SP9OF14 SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be matched existing. Item No. 4 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include sawcutting, removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 6 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. Access Ramp, 0 0 SP 8 OF 14 promptly uncover the street sweeping sings and remove the temporary 'NO PARKING - TOW AWAY' signs," 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A ", or "C -8" License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and 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" plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 0 0 SP7OF14 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners. 5. Type II barricades shall be located at the beginning and end of each individual open sidewalk area from the time of removal until placement of backfill and final cure of the sidewalk." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO- PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets scheduled for work in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall SP6OF14 Add to this section, "The Contractor is advised to photograph, videotape and keep records of the existing work site conditions prior to the start of any construction work." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: 'The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all residences within the limits of work must be maintained at all times. Driveway access may be restricted during working hours. Driveway access shall be established every evening. Full vehicular access shall be maintained during weekends, non - working days and evenings. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 0 0 SP5OF14 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.6.1 Best Management Practices and Monitoring Program. The contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance, failure of the contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the contractor for all costs plus 15 percent. 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with, "The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, ornaments and other decorative items, property corner survey markings, etc." Replace the last sentence of the third paragraph with, "Lawns shall be repaired with sod identical to the existing type." SP4OF14 The Contractor shall maintain sufficient workers on site each day in order to effectively prosecute the work. The Contractor shall submit a "Location of Work to be Performed ", for approval by City, indicating when construction on a site will begin and be completed. The contractor shall also phase construction so that no more than 25% of the sites indicated in the work schedule are under construction at one time." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within forty consecutive working days after the date on the Notice to Proceed. " It shall 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." 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 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31st (New Year's Eve — half day). 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. The Contractor, his /her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc, before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 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 $60.00 per hour when such time periods are approved. • SECTION 5 - -- UTILITIES SP3OF14 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the `Notice to Proceed." 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 Contractor has exerted extra effort to meet his /her original schedule and has demonstrated that he /she will be able to maintain his /her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his /her 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. The Contractor shall only remove and replace improvements on one side of a street at a time in order to minimize parking loss and access for residents. The Contractor shall not begin work on the remaining side of the street until all improvements have cured and been opened for use on the other side. SP2OF14 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. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the 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 retesting 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. 0 n V SP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS \\ i /9' - DEWALK. CURB CONTRACT NO. 3718 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5354 -L); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, root removal /trimming and constructing new PCC sidewalk, PCC curb and gutter, installing new tree root barriers per City standards, and other incidental items of work." 2 -9 SURVEYING 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. P 0 0 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 11 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 11 303 -5.1 Requirements 11 303 -5.1.1 General 12 303 -5.5 Finishing 12 303 -5.5.1 General 12 303 -5.5.2 Curb 12 303 -5.5.4 Gutter 12 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 13 308 -1 GENERAL 13 Last saved by FTran09 /03/2004 9:13 AM f: \users \pbw\shucd \contracts \fy 04- 05\04 -0i sidewalk replacement c- 37181.specs index c- 371E.doc(ssr) • SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -8.8 Steel Plates 5 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.6 Street Sweeping Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 201.1 .6 Matching Concrete 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2004 -2005 SIDEWALK CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3718 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 0 0 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Survey @ilk tWE Dollars and OJ �10Q Cents Per Lump Sum ' 10. Lump Sum Restoration of Public and Private Improvements @\vc, Ciba�. an Dollars 0.u, and and C3 Cents $ . C10 �9 - Per Lump Sum TOTAL PRICE IN WRITTEN WORDS fvy.ht -T_ ✓r- %f/Vvc��in �iJx.//G,yn�t''�'� Dollars and a� 6,09 Cents Date PtL^t.16 FAX r71+�995 -54917 (71 k)99S -5,707 Bidder's Telephone and Fax Numbers aea�aA Bidder's License No(s). and Classification(s) Total Price (Figures) Mor-1 Bidder Bidde ' uthohzed Signature and Title flNr.1 RS)LL47— PS1.DE1�1T- �851 WATSnt.1 Sr. CYPa�. CA.90630 Bidder's Address Last saved by FTran09 /0112004 8:49 AM f: \users\pbw\shared \contracts\fy 04- 05 \04 -05 sidewalk replacement c- 3718\proposal c- 3718.doc FIR 2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE H f.". 91 7 R 20,170 S.F. Remove and Construct 4- inThick P.C.C. Sidewalk @ f w Dollars o and so / 107 Cents $ $ �� 7 Per Square Foot 300 S.F. Remove and Construct 6 -in Thick P.C.C. Driveway Approach @ 5e\lc►J Dollars and o Cents $ Per Square Foot —� 35 Each Remove and Construct P.C.C. Access Ramp per STD - 181 -L -A, Case E, and Detail on Plan 2/9 @ oNe nNvL,5aw� 6Qt A1v 4015o Mars and )cpc� Cents Per Each $ I r Gtt� $Ln 1 Each Remove and Construct P.C.C. Access Ramp per Detail on Plan 3/9 ON%. (off il�eJS� ^ 64 k \vppuO Dollars and Cents $ $ /R Per Each ` 1 203 Each Root Prune Existing Tree, and Install Root Barrier @ jwo r+ ✓*)OUX 1-, f y Dollars and A2 Cents $ � $ S 7 Per Each Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: .Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review 3card are final. END OF GENERAL DECISION GD -20 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM CONTRACT NO, 3718 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the 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. 3718 in accord with the 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 @F.i (fib: saa Dollars and /1©3 Cents Per Lump Sum 2. Lump Sum Traffic Control @�o� '\ \6;swao Dollars oj( and doe: Cents Per Lump Sum 3. 1,261 L.F. Remove and Construct P.C.C. Type A Curb & Gutter @ , o-'f Dollars and Go IN Cents Per Linear Foot $ t10 c,U $ 0 • 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 - $1.25 additional when operating winch or similar special attachments WELDERS _ Receive rate prescribed for craft performing z operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and race) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. if the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the GD -19 • i area South of Imperial highway and East of the Los Angeles River), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes Sheet metal worker (1) Commercial - New Construction and Remodel work ........................$ 29.79 13.45 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... $ 26.45 17.09 * TEAM0011 -004 07/01/2003 Rates Fringes Truck drivers: GROUP 1 ....................$ 22.34 12.84 GROUP 2 ....................$ 22.49 12.84 GROUP 3 ....................$ 22.62 12.84 GROUP 4 ....................$ 22.81 12.84 GROUP 5 ....................$ 22.75 12.84 GROUP 6 ....................$ 22.87 12.84 GROUP 7 ....................$ 23.12 12.84 GROUP 8 ....................$ 23.37 12.84 GROUP 9 ....................$ 23.57 12.84 GROUP 10 ....................$ 23.87 12.84 GROUP 11 ....................$ 24.37 12.84 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck - mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6 -1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pi peline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, CD-18 0 0 PCC CONTRACT 2004-2005 8125/2004 WESTCLIFF AREA WORK SCHEDULE Contract 2004 to 2005 Westcliff.xis Page 215 LOCATION STREET NAME & NO. SIDEWALK S.F. C & G L.F. ACCESS RAMP-EA ROOT PRUNING I DRIVEWAY ]APPROACH S.F. 1500 Cumberland L n 164 1 60 54 1200 Sussex Ln. 3 55 1228 Sussex Ln. F53 56 1300 Sussex Ln. _108 00 80 100 280 57 13-24Suss(�xL-n 8 5 8 1227 Sussex Ln. on Kent Ln. -------- 59 1600 Kent Ln. 60 1620 Kent Ln. 2 61 1301 Sussex Ln. on Kent Ln. 62 _ 2024 Beryl Ln. ---73- 152 64 1 63 1539 Sylvia Ln. on Beryl Ln. -3— 64 910 Westcliff Dr. 5-4 65 1106 Westcliff Dr. 2 66 1008 Westcliff Dr. 67 1100 Westcliff Dr. 68 1212 Westcliff Dr. 96 20 2 69 1300 Westcliff Dr. 160 70 1312 Westcliff Dr. 72 2 71 1016 Dover Dr. 126 72 1112 Dover Dr. 73 1200 Dover Dr. 74 --- 1212 Dover Dr. 96 28 28 75 76 1218 Dover Dr. 1306 Dover Dr. 1514 Dover Dr. 77 200 78 1600 Dover Dr. 80 79 1718 Dover Dr. AF 1718 Dover Dr. 80 22- 48 1 81 1615 Mariners Drive 1112 Dover Dr. on Norfolk Ln.. 52 1 50 83 1319 Oxford Ln. 72 Too 17 84 1121 Oxford Ln. 1200 Somerset Ln,. 1208 Somerset Ln. 1 85 100 21 2 1 1 86 h 32 BO 87 1246 Somerset Ln. 88 1215 Devon Ln. —Devon 1 89 1207 Ln 80 32 1 96 1207 Somerset Ln. 1133 Somerset Ln. 91 176 2 1 1 92 1003 Somerset In. 76 93 AF 1215 Oxford Ln. 88 80 94 1118 Devon Ln. 1 95 1230 Devon Ln. 1231 Essex Ln. 148 88 3 96 97 1 1219 Essex Ln. 132 80 32 1 98 1207 Essex Ln. 99 100 1206 Essex Ln. 1121 Berkshire Ln. 1100 Berkshire Ln. 1 1 101 40 32 32 96 102 1200 Berkshire Ln, 103 1218 Berkshire Ln. 104 1230 Berkshire Ln. Contract 2004 to 2005 Westcliff.xis Page 215 0 0 PCC CONTRACT 2004 -2005 8/25/2004 WESTCLIFF AREA WORK SCHEDULE Loc. No. LOCATION STREET NAME & NO. SIDEWALK S.F. C & G L.F. I ACCESS RAMP -EA ROOT PRUNING DRIVEWAY APPROACH S.F. 105 1000 Santiago Dr. _ 120 44 28 1 106 1014 Santiago Dr. 1020 Santiago Dr. 1 1 1 107 56 108 1026 Santiago Dr. 72 109 1044 Santiago Dr. 128 110 1056 Santiago Dr. 160 2 111 _ 1078 Santiago Dr. 1124 Santiago Dr. 188 120 144 160 152 _1 2 2 1 112 113 1148 Santiago Dr. 114 1200 Santiago Dr. 115 1308 Santiago Dr. 1314 Santiago Dr, 1338 Santiago Dr. 116 80 1 117 160 1 118 1400 Santiago Dr. 10 _ 119 1438 Santiago Dr. 112 156 1 1 1 120 1444 Santiago Dr. 121 1508 Santiago Dr. 1511 Santiago Dr. 92 122 _ 88 240 120 123 AF 1500 Santiago Dr. 1 _.... 124 1433 Santiago Dr. 1 1 125 1429 Santiago Dr. 1335 Santiago Dr. 124 126 127 208 184 40 2 2 1329 Santiago Dr. 128 1323 Santiago Dr. 160 1 129 1315 Santiago Dr. 144 64 1 _ 1 13F 1307 Santiago Dr._ 131 1301 Santiago Dr. _ 160 100 120 64 144 124 _ 1 1 1 132 1235 Santiago Dr. 133 1227 Santiago Dr. 134 1219 Santiago Dr. - AF 1100 Santiago Dr. AF 1056 Santiago Dr. 1 _ 135 136 39 10 _ 140 137 1019 Santiago Dr. 138 1399 Galaxy Dr.on Rigel Cir. 2 1 139 140 AF 1401 Galaxy Dr, 1040 Pescador Dr. 88 20 1 141 1076 Pescador Dr. 52 68 142 143 1106 Nottingham Rd. 1 1118 Nottingham Rd. 1224 Nottingham Rd. 1312 Nottingham Rd. 1401 Nottingham Rd. - 64 80 48 27 1 144 1 1 1 145 146 96 147 1307 Nottingham Rd. _ 1231 Nottingham Rd. 1215 Nottingham Rd. 148 128 2 149 152 208 120 _ 120 150 1201 Nottingham Rd. 1109 Nottingham Rd. 1101 Nottingham Rd, AF 910 Nottingham Rd. 2 151 2 152 25 3 153 100 64 15 154 1008 Westcliff Dr. on Highland Dr. 155_ 1100 Highland Dr. _ 32 1 IT 156 1136 Highland Dr. _ 38 _ Contract 2004 to 2005 Westcliff.As Page 3/5 0 0 PCC CONTRACT 2004 -2005 8/25/2004 WESTCLIFF AREA WORK SCHEDULE Loc. No. LOCATION STREET NAME & NO. SIDEWALK S.F. C & G L.F. ACCESS RAMP -EA ROOT PRUNING I DRIVEWAY APPROACH S.F. 157 1508 Highland Dr. _ 180 1 158 1606 Highland Dr. 1618 Highland Dr. 1700 Highland Dr. 88 1 110 159 120 68 80 100 300 224 1 20 160 1 1 161 1706 Highland Dr. 27 162 1712 Highland Dr. 163 1742 Highland Dr. 2 164 1 165 1300 Estelle Ln. on Highland Dr. - 1627 Highland Dr. _ 1621 Highland Dr. 31 1 2 166 167 1615 -1601 Highland Dr. 132 165 2 168 1601 Highland Dr. 1 169 _ 1517 Highland Dr. _ 180 200 _ 1 170 1501 Highland Dr. 1 171 1101 Marian Ln. on Highland Dr. 32 172 1227 Highland Dr. 128 - 100 32 80 260 90 - 2 173 1207 Highland Dr. 1 174 1133 Highland Dr. 1101 Oxford Ln. on Highland Dr. __ 175 176 1100 Westcliff Dr. on Highland Dr. 2 177 2421 2431 Woodward-La, 132 -_ 480 178 1500 Warwick Ln. on Marian Ln. - 1300 Marian Ln. 1410 Marian Ln. 2 60 179 4 180 32 272 1 1 1 181 1227 Marian Ln. 182 1215 Marian Ln. 64 18 183 1400 Lincoln Ln. _ 184 1626 Lincoln Ln. 1631 Lincoln Ln. 1501 Lincoln Ln. 128 60 —. 185 _. 1 186 100 1 2 187 1411 Lincoln Ln. 32 188 1506 -1512 Anita Ln. 284 160 189 1530 Anita Ln. _ 1 - 190 1606 Anita Ln. 80 1 191 1612 Anita Ln. 84 34 1 192 1636 Anita Ln. 144 116 160 80 193 1627 Anita Ln. 194 1533 Anita Ln. 28 _ 1 1 195 1501 Anita Ln. 196 1501 Anita Ln. on Marian Ln. 1 197 198 1632 Dorothy Ln. 48 48 1 1627 Dorothy Ln. 1 199 _ 1527 Dorothy Ln. 54 80 1 2 200 1500 Warwick Ln. 1626 Warwick Ln. 201 80 80 88 136 2 1 202 1615 Warwick Ln. 1601 Warwick Ln. 1515 Warwick Ln. 13 _. 00 Marian Ln. on Warwick Ln. r24 203 204 205 1 206 1410 Warwick Ln. 40 _ 80 1 207 1614 Ruth Ln. Deleted - 1 208-2231- Contract 2004 to 2005 WestcliffAs Page 415 9 0 PCC CONTRACT 2004-2005 8/25/2004 WESTCLIFF AREA WORK SCHEDULE Loc. No. LOCATION STREET NAME & NO. SIDEWALKI S.F. C,11 13 L.F. 1 ACCESS RAMP-EA I ROOT P RUINING I DRIVEWAY APPROACH S.F. 224 1501 Mariners Dr. 1 225 1435 Mariners Dr. 1 226 1401 Mariners Dr. 1742 Highland Dr. 1 1 227 228 1800 Commodore Rd. I 229 1801 Commodore Rd. 1 230 Intersection of Mariners Dr./Santiago Dr. 231 Intersection of Mariners Dr./Galaxy Dr._ Intersection of Highland Dr./Estelle Ln. 3 232 233 Intersection of Highland Dr./Marian Ln. 4 ITOTAL 1 20170 1261 36 203 300 Notes: All curb ramps will be constructed per City of Newport Beach Standard Plan STD-181-L-A, Case E, and Detail on Plan No. 2/9, except Location #231 (at NW Corner) per Plan No. 3/9. Refer to Plan Nos. 4-9 for curb and gutter flowline grades at Locations #62, #63, #64, #81, #167, #173. Contract 2004 to 2005 Westcliff,xls Page 5/5 Appendix B JOHN WAYNE AIRPORT Pi �qt P,�QJy •' C CITY OF ALSO COSTA MESA m CITY OF n VICTORIA ST P2P IRVINE LI S ��sP UPPER NEWPORT BAY a o UNIVERSITY P PROJECT _.. � '9ry sr � AREA 17TH sr w P BISON AVE 15TH ST 4 a OR BONIT A YON CPN 73 %Ttffg,AY COAST. - C. 7 WAYS P "✓ H�IYgy ,0 NEWPORT ` WEST CENTER 2 BA OA BALBOA - qrl y BgLBpA ISLAND; JOAQNIN HILLS PACIFIC PFNiNSOC9 9Lgo� 4fgy _ � VICINITY MAP OCFAH NOT TO SCALE CONTRUCTION NOTES: O1 PROTECT IN PLACE O2 REMOVE AND RECONSTRUCT TYPE "A" CURB & GUTTER PER CNB STANDARD PLAN STD -182 -L O3 SAWCUT AND REMOVE EXISTING PCC IMPROVEMENTS AND CONSTRUCT PCC CURB ACCESS RAMP PER CNB STANDARD PLAN STD - 181 -L -A, CASE "E ", AND DETAIL ON SHEET 2 C -3718 CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT 4/At' OB/16/04 L D DALTON R.C.E. 19111 DATE 2004 -2005 SIDEWALK, CURB & GUTTER, P INCIPAL CIVIL ENGINEER REPLACEMENT PROGRAM DATE 08 06 04 SCALE N.T.S SHT 1 of 9 DESIGNED: FTT DRAWN: FTT I M- 5354 -L EXISTING C &G- FULL CF `\ STD - 181 -L -A CASE "E" A 0" LIP- I EXISTING SIDEWALK F�z ��% (MAX.) SECTION A - A P/L -4'�l (MAX.) EXISTING BACK OF SIDEWALK; RETAINING CUR IF NECESSARY DEPRESSED SIDEWALK AS REQUIRED VARIABLE HEIGHT RETAINING CURB EXISTING SIDEWALK - --- - - - - -- R =5' � PLANTING AREA FULL CF CURB ACCESS RAMP, CASE "E" N.T.S. 1. FOR GENERAL NOTES, SEE CNB STD -181 -L 2. ALL CONCRETE SHALL BE REMOVED AND REPLACED TO THE NEXT JOINT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB & GUTTER, REPLACEMENT PROGRAM C -3718 APPROVED 08/16/04 L D DALTON R.C.E. 19111 DATE P INCIPAL CIVIL ENGINEER 6 04 1 ' " N.T.S ". 2 OF 9 FTr DRAWN: FTT M- 5354 -L W i li I PLANTING AREA > n r EXISTING EXISTING 0 i ii I SIDEWALK U) C &G� I � � I I W Z I FULL CF XIS VARIABLE HEIGHT + RETAINING CURB (0" TO 6 ") ` 4 °�'P +. EXISTING SIDEWALK 5 0" LIP I I - I - "___________________ '-------------- - - - -- FULL CF GALAXY DRIVE DETAIL CURB ACCESS RAMP N.T.S. 1. FOR GENERAL NOTES, SEE CNB STD -181 -L 2. ALL CONCRETE SHALL BE REMOVED AND REPLACED TO THE NEXT JOINT LOCATION (FROM THE WORK SCHEDULE): LOC. #231: MARINERS DRIVE AT GALAXY DRIVE (NW CORNER) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB & GUTTER, REPLACEMENT PROGRAM C -3718 APPROVED Y 08/16/04 L D DALTON R.C.E. 19111 DATE P INCIPAL CIVIL ENGINEER 6/041----- N.T.S " "' 3 OF 9 FT7 DRAWN: FTT I M- 5354 -L 1524 GENERAL NOTES: 1. BASE ELEVATION IS ASSUMED 2. CONTRACTOR TO VERIFY ELEVATIONS AT JOINTS NOTIFY THE ENGINEER IF THERE IS DISCREPANCY CONTRUCTION NOTES: Ut PROTECT IN PLACE O2 REMOVE AND RECONSTRUCT TYPE "A" CURB & GUTTER PER CNB STANDARD PLAN STD -182 -L LOCATIONS (FROM THE WORK SCHEDULE): LOC. #62: 2024 BERYL LANE LOC. #63: 1539 SYLVIA LANE ON BERYL LANE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB & GUTTER, REPLACEMENT PROGRAM C -3718 APPROVED 08/16/04 L D DALTON R.C.E. 19111 DATE P INCI PAL L CIVIL ENGINEER 5/04 JV "" N.T.S "' 4 OF 9 FTr DRAWN: ETT M- 5354 -L 4SAWCUT AT BArOFOEPRESSED CUR GENERAL NOTES: 1. BASE ELEVATION IS ASSUMED 2. CONTRACTOR TO VERIFY ELEVATIONS AT JOINTS; NOTIFY THE ENGINEER IF THERE IS DISCREPANCY CONTRUCTION NOTES: O1 PROTECT IN PLACE 2O REMOVE AND RECONSTRUCT TYPE "A" CURB & GUTTER PER CNB STANDARD PLAN STD -182 -L LOCATION (FROM THE WORK SCHEDULE): LOC. #64: 910 WESTCLIFF DRIVE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB & GUTTER, REPLACEMENT PROGRAM C -3718 APPROVED 11 08/16/04 L D DALTON R.C.E. 19111 DATE P INCIPAL CIVIL ENGINEER 5/04 N.T.S .. 5 OF 9 FTT 111RAW FTT I M- 5354 -L 1606 T y�li ,G h ivrE 16'f5; ' 1607 GENERAL NOTES: 1. BASE ELEVATION IS ASSUMED 2. CONTRACTOR TO VERIFY ELEVATIONS AT JOINTS; NOTIFY THE ENGINEER IF THERE IS DISCREPANCY CONTRUCTION NOTES: O1 PROTECT IN PLACE O2 REMOVE AND RECONSTRUCT TYPE "A" CURB & GUTTER PER CNB STANDARD PLAN STD -182 -L LOCATION (FROM THE WORK SCHEDULE): LOC. #81: 1615 MARINERS DRIVE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB & GUTTER, REPLACEMENT PROGRAM C -3718 APPROVED 08/16/04 L D DALTON R.C.E. 19111 DATE P INCIPAL CIVIL ENGINEER 5/04 N.T.S "' 6 OF 9 FTr DRAWN: FTT M- 5354 -L GENERAL NOTES: 1401 1. BASE ELEVATION IS ASSUMED 2. CONTRACTOR TO VERIFY ELEVATIONS AT JOINTS; NOTIFY THE ENGINEER IF THERE IS DISCREPANCY CONTRUCTION NOTES: Ot PROTECT IN PLACE OZ REMOVE AND RECONSTRUCT TYPE "A" CURB & GUTTER PER CNB STANDARD PLAN STD -182 -L LOCATION (FROM THE WORK SCHEDULE): LOC. #138: 1399 GALAXY DRIVE ON RIGEL CIRCLE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB & GUTTER, REPLACEMENT PROGRAM C -3718 APPROVED tat' 08/16/04 L D DALTON R.C.E. 19111 DATE P INCIPAL CIVIL ENGINEER 5/04 Jv " "` N.T.S I " "' 7 OF 9 FTT DRAWN: FTT I M- 5354 -L ":I GENERAL NOTES: 1. BASE ELEVATION IS ASSUMED 2. CONTRACTOR TO VERIFY ELEVATIONS AT JOINTS; NOTIFY THE ENGINEER IF THERE IS DISCREPANCY CONTRUCTION NOTES: O1 PROTECT IN PLACE O2 REMOVE AND RECONSTRUCT TYPE "A" CURB & GUTTER PER CNB STANDARD PLAN STD -182 -L LOCATION (FROM THE WORK SCHEDULE): LOC. #167: 1615 -1601 HIGHLAND DRIVE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2004 -2005 SIDEWALK, CURB & GUTTER, REPLACEMENT PROGRAM C -3718 APPROVED 08/16/04 L D DALTON R.C.E. 19111 DATE P INCI PAL L CIVIL ENGINEER 5/04 " "" N.T.S 8 OF 9 FTT DRAWN: FTT M- 5354 -L IFFM { IFFM