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Home My WebLink AboutC-3792 - Birch Street Pavement Rehabilitation from Bristol Street North to MacArthur BoulevardCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lcilani 1. Brown. MMC October 28, 2009 All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Birch Street Pavement Rehabilitation from Bristol Street North to MacArthur Boulevard (C-3792) To Whom It May Concern: On October 28, 2008, the City Council of Newport Beach accepted the work for 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 December 9, 2008. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 089 03 514. Enclosed is the Faithful Performance Bond. Sincerely, 4A� Q piz� Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO, 3792 EXECUTED IS FOUR (4) PARTS BOND NO. 089 03 514 FAITHFUL PERFORMANCE BOND The premium Charges on this Bond is S 2,591.00 being at the rate of $ 4 • ) thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to All American Asphalt, hereinafter designated as the "Principer', a contract for construction of BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACART14UR BOULEVARD, Contract No. 3792, 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. 3792 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF KARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Nino Thousand, Six Hundred Nine and 001100 Dollars ($609,609.00) 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 15 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 We 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. 58 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 Contrail or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Coruract 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 duty executed by the Principal and Surety above named, on the 13th day of KkY , 2008. All American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818-409-2800 AGENT: 714-935-1112 Telephone OWEN M. BROWN, ATTORNEY-IN-FACT Print Name and Tile NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 59 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 15, 2008 before me, Brenda L. Royster, Notary Public Div* Nse~. names Tab W"Denner personally appeared Robert Bradley Nem vvrs'0 a 4— LBRENDA L. ROYSTER Commission s 1700922 Nolory Public - Calllornld Riverside County My comm. Hynes Oct 20.2010 Placa Noury 5" Move who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herNheir authorized capacity(ies). and that by hisA4er4heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my har)o and official seal OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this toren to another document Description of Attached Document Title or Type of Document Faithful Performance Bond — City of Newport Beach Document Dale: May 13, 2008 Number of Pages: 3 Signer(s) Other Than Named Above: Owen M. Brown, Attorney -In -Fact Capacity(ies) Claimed by Signer(s) Signers Name: Robert Bradley o Individual X Corporate Officer — Title(s): Vice President c Partner— a Limited c General c Attorney in Fad c Trustee o Other: Signer is Representing Signers Name: o Individual o Corporate Officer — c Partner—., Limited, c Attorney In Fa zi Trustee Other: Sig#er is Representing. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of on 5-13-08 Personalty appeared ORAWN before me, BARBARA J. BMER, NOTARY PUBLIC thm QowI"M ene of" BARBARA J. BENDER JCommisslon N 1494946 o'WCOmm NotaryPublic- California Orange County. Expkes Jul 13.2008 h BARBARA J. BENDER a Y Convnbftn O 1494946 -. Notary Rt*c - C.affiarda OKng*Cou* My Comm. Ei pb-M ! 13, 2008 rro Ne y er Ano.t OWEN M. BROWN who proved to me on the basis of satisfactory evidence to be the persona) whose name(p) i5/z!f subscribed to the within instrument and acknowledged to me that tne[ f exeGlted the same in hi AsWftr authorized capacRyOW), and that by hisl�r signa4me(e) on the Instrument the persont_,,j, or the entity upon behalf of which the person(*) acted, examAed the irlstrtmlern. OPTIONAL Thouah ft iribmmBan bebw is not required by I&W R mey XvWjialudile b persons MOV an the downent end coed prevent hauddeae ranrner and raermdmeru af Mis trm b W"W doamint Description of Attached Document Title or Type of Document PERFORMANCE BOND NO. 089 03 514 5-13-08 Ct aity(ies) Claimed by Signer(s) Signer's Name: OWEN M. BROWN ❑ khdvidial ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General XMttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. •nor a n.r/ Top d etrnb tare Number of Pages: TWO. (2) Signerls Name: ❑ Individual ❑ Corporate Officer — Tiffe(s): — QPaMw — ❑ Limited ❑ General ❑ Attorney In Fad ❑ Trustee ❑ Guardian or Conservator ❑ tOther. Top d Vtxnb iWe oxamrwrrrryA�res.ansoaar,iarrnr�eet-rar.swon rprseree•.wrre+errw irsw n.oera+i�ri�.a000swrr 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK I,cilani 1. Brown. MMC December 9, 2008 All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Birch Street Pavement Rehabilitation from Bristol Street North to MacArthur Boulevard (C-3792) To Whom It May Concern: On October 28, AM, 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 November 4, 2008, Reference No. 2008(H)0503906. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 089 03 514. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk encl. 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 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD EXECUTED IN FOUR (4) PARTS CONTRACT NO, 3792 BOND NO. 089 03 514 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to All American Asphalt, hereinafter designated as the "Principal,' a contract for construction of BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD, Contract No. 3792, in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contrail 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. 3792 and the terms thereof require the fumishing 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 t>e 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, FIDELITY AMID DEPOSIT COMPANY We the undersigned Principal, and, duly authorized to transact business under the laws of the State Of California, as Surety, (referred to herein as 'Surety) are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Nine Thousand, Six Hundred Nine and 001100 Dollars ($609,609.00) 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 56 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to tile claims under Section 3181 of the Cafrfornia 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 thereuinder 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 1301 day of rtAt . 2008. All American Asphatt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818-409-2800 AGENT: 714-935-1112 Telephone OWEN M. BROWN, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 57 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 15, 2008 before me, Brenda L. Rooster, Notary Public Date Hare avert name a TA4 d lM Off", personally appeared Robert Bradley Names" Sgnendr- ------------- Vice President BRENDA t. ROYSTER Commissloi M 1700022 Nolory Public _ California ` °tom, Riverside County - hvb Cornu. EV*M Oct 26.2010 Race Notary Seal NDore who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hisftwwAhek authorized capacity(ws), and that by his/herAdea signature(s) on the instrument the person(s), or the entity upon behalf of which the person(r) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hard and official OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and Could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Labor and Materials Payment Bond — City of Newport Beach Document Date May 13, 2008 Number of Pages. 4 Signer(s) Other Than Named Above Owen M. Brown, Attomey-In-Fact Capacity(ies) Claimed by Signer(s) Signer's Name Robert Bradley = Individual X Corporate Officer — Title(s): Vice President c Partner— z� Limited n General r� Attorney in Fad n Trustee Tea d v b rare Other: _ Signer is Representing Signers Name c Individual r: Corporate Officer — Title(s). Partner — 7 Limited a General Attorney in Fact- TOp Ot LM,mD M,< Trustee Other: is Representing 0 0 CAUFORNu ALLPPURPOSE ACKNOINLEDOYENT .r:==�.+_c�-^,.,.+r.-t.�r::^...,�....�,..;>,.•.;..�.rr..��r.^.-,__`�!._,�,.�...,..... r:r,":-`._:rse:rr.^e�.r.�: �rx.^-xr-s: State of California 1 County of ORANGE JS On 5-I3-08 before me, BARBARA J. BENDER, NOTARY PUBLIC or tin rw MW Tift a personally appeared OMEN M. BROWN =0--No1Pc�uyPub=6c-CaUf0fnIo BENDER 1494946 CaYfambunty - JW ! 3, 2008 l; B.491114tiy1J.8ENDt•R L Cammk9on f 1494946 _ Nolmy hob - California MyConvn. F.erpkm-u 13, 2008,' Me y sr who proved to me on the basis of satisfactory evidence to be the person(s) whose name(*) is/or" subscribed ribed to the within instrument and acknowledged to me that he( y executed the same in hMadbw authorized capacity(W), and that by his/�ar signature(e) on the instrument the person(iO, or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and WITNESS h avOofficial sgar. MR.RMNSWO ON - -r,-� OPTIONAL Though are Information bebw is not rapttaed by raw, it may waw Nluable to persons raiykeg on are doour e ( and COW preerrt Imadrdant removal end reanadnn"of tleis fomr to amara✓ document. Description of Attached Document Title or Type of Document Al":P.tiT BOKD NO. 089 03 514 Document Date: 13-13-06 Capacity(ies) Claimed by Signer(s) Signets Name: OWEN M. BROWN ❑ Individual ❑ Corporate Officer — 7-rde(s): _ ❑ Partner — ❑ Limited ❑ General XMttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ]FIDELITY AND DEPOSIT COMPANY OF MARYLAND TOP of Ihmb here Number of Pages: Signer's Nat U Individual TWO (Z) ❑ Corporate Officer — Tide(s): ❑ Panner — ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Ihllnb hVe ommrrsrrsrn.mare.•aeoawerlw.vto��la�•a.r.nauaa+aap¢•..+>�.rw irm�or a.aar:arwrnrraoo�rsaar E 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e y norninate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and o Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a takings, and the execution of such bonds or undertakings in pursua s n said Company, as fully and amply, to all intents and purposes, as if t xe t ged by the regularly elected officers of the Company at its office in Bal(ipt 16 it li of This power of attorney revokes that issued on behalf of Owen M. DROX6 at nary The said Assistant ISS Section 2, of the By - IN WITNESS affixed the Corporate December, A.D. 2004. ATTEST: i'rt(f�hat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. ROOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, tris 27th day of FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9 'e Eric D. Barnes Assistant Secretary State of Maryland SS: City of Baltimore -04 By: / William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ♦�'itr.lty , �� Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012-4160 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 11!li!III!ilNillll I IIV II 11i1 l iliill I I li 111!111 NO FEE 2008000503906 08:36am 11/04/08 120 8 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on May 27, 2008. Said Contract set forth certain improvements, as follows: Birch Street Pavement Rehabilitation (C-3792) Work on said Contract was completed, and was found to be acceptable on October 28, 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge./ Executed on (OC16a` r-' a'( aOC�� , at Newport Beach, California. BY City lerk LU 2 l.L! N LIJ P orks Director Lu CD U-1 it f Newport Beach J VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge./ Executed on (OC16a` r-' a'( aOC�� , at Newport Beach, California. BY City lerk 0 ;—FoaN/�,� October 29. 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lavonne M. Harkless, MMC RE: 1) Notice of Completion for Birch Street Pavement Rehabilitation (C-3792) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, &e Vey//m- /Vzro � 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 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on May 27, 2008. Said Contract set forth certain improvements, as follows: Birch Street Pavement Rehabilitation (C-3792) Work on said Contract was completed, and was found to be acceptable on October 28. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. , . f� Executed on _� 02'% dui at Newport Beach, California. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 October 28, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949-644-3315 or atran@city.newport-beach.ca.us SUBJECT: BIRCH STREET PAVEMENT REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3792 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On May 27, 2008, the City Council authorized the award of the Birch Street Pavement Rehabilitation project to All American Asphalt. The contract provided for the removal and reconstruction of deteriorated concrete sidewalks, curb and gutters, driveway approaches, cross gutters and curb ramps. It also includes cold milling of existing asphalt pavement, and overlaying the existing pavement section with rubberized asphalt. 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: $609,609.00 Actual amount of bid items constructed: $497,851.89 Total amount of change orders: $3,405.00 Final contract cost: $501,256.89 The decrease in the actual amount of bid items constructed over the original bid amount primarily resulted from a decrease in the amount of asphalt concrete needed. The final overall construction cost including one change order was 17.8 percent below Birch Street Pavement Rehabilitation October 28, 2008 Page 2 the original bid amount. The one change order was for the removal and replacement of traffic signal loop conduits and minor concrete work. A summary of the project schedule is as follows: Estimated completion date per June '07 schedule: May 19, 2008 Project award for construction: May 27, 2008 Estimated completion date at award: September 15, 2008 Actual substantial construction completion date: September 9, 2008 The project was substantially completed approximately 4 months behind schedule. The delay was caused by Caltrans' review of funding application. Per the June '07 schedule, staff anticipated receiving authorization (to advertise contract) from Caltrans by September 27, 2007. Authorization to proceed was not received until February 13, 2008; approximately 5 months after the anticipated date. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $501,256.89 Material Testing — Harrington Geotechnical $3,854.00 Incidentals $583.86 Total Project Cost $505,694.75 Funds for the construction contract were expended from the following accounts: Account Description Gas Tax Traffic Congestion Relief AHRP Grant Funds Prepared by: Andy T Senior Civil Engineer Account Number Amount 7181-C5100830 $76,330.94 7191-C5100830 $176,000.00 7285-C5100830 $248,925.95 Total: $501,256.89 Submitted by: adumCSpicWoriks P Director IV 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 11:00 a.m. on the 6th day of May 2008, at which time such bids shall be opened and read for BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD Title of Project STPL-5151 (022) Contract No. 3792 $ 674,390 Engineer's Estimate tephen G. Badum blic Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. General "A" Contractor License Classification required for this project For further information, call Emmet Berkery, Project Engineer at (714) 343-3474 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city,newport-beach.ca.us CLICK: e-onlineservices/e-bidPublicWorks 4,. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 TABLE OF CONTENTS NOTICE INVITING BIDS.................................................................................................... Cover INSTRUCTIONS TO BIDDERS.................................................................................................2 BIDDER'S BOND........................................................................................................................4 DESIGNATION OF SUBCONTRACTOR(S)...............................................................................5 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION.......................................................6 PUBLICCONTRACT CODE.......................................................................................................7 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT..................................................7 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE.............................................7 PUBLIC CONTRACT CODE 10232 STATEMENT.....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES........................................................9 NON -COLLUSION AFFIDAVIT.................................................................................................13 DESIGNATION OF SURETIES................................................................................................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL..............15 ACKNOWLEDGEMENT OF ADDENDA...................................................................................17 INFORMATION REQUIRED OF BIDDER.................................................................................18 DEBARMENT AND SUSPENSION CERTIFICATION..............................................................21 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS...................................22 DISCLOSURE OF LOBBYING ACTIVITIES.............................................................................23 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES.............................................................................24 LOCAL AGENCY BIDDER - DBE (CONSTRUCTION CONTRACTS) - INFORMATION ..........25 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS............................................26 SECTION2-1.01 GENERAL....................................................................................................26 SECTION 2-1.015 FEDERAL LOBBYING RESTRICTIONS....................................................26 SECTION 2-1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE).................................27 SECTION 2-1.03 DBE AVAILABILITY ADVISORY..................................................................29 FEDERAL MINIMUM WAGE RATES........................................................................................30 NOTICE TO SUCCESSFUL BIDDER......................................................................................49 CONTRACT.............................................................................................................................50 LABOR AND MATERIALS PAYMENT BOND...........................................................................56 FAITHFUL PERFORMANCE BOND.........................................................................................58 FEDERAL REQUIREMENTS................................................................................. FR -1 to FR -14 PROPOSAL.......................................................................................................................... PR -1 SPECIAL PROVISIONS....................................................................................................... SP -1 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantifies indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantifies indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 0 0 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. This is a federally assisted construction contract and the higher of State of California or Federal prevailing wages must be paid to all workers employed on this project. Federal and State of California labor standard provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts, will be enforced. The current Federal and State prevailing wage rates under which the work is to be done is attached hereto and is available at the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. Updates to the general prevailing wage rates are available at web sites set forth in this section and shall be reviewed by the Contractor prior to submitting a bid for this work. In the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.aao.gov/davisbacoNca.html) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at htto://www.dir.ca.gov/DLSR/PWD/iindex.htm ), the higher of the two will prevail. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage decision. Please note that pursuant to applicable provisions of the Labor Code of the State of California and the Davis -Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of worker needed to execute the work contemplated under this agreement, shall be paid to all workers employed on the work to be done according to this contract by the Contractor or any Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. The Contractor shall be required to post at the job site the prevailing per diem wages. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature, shall be of the owner. The signature below represents that the above has been reviewed. aG�o�3 N, -ia Contractor's License No. & Classification AuttforkedSignatur� Rub? I1?j VIU9reSic.Pnt E cxq Date I 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION CONTRACT NO. 3792 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and administrators, agree to be jointly and severally held a Newport Beach, a charter city, in the principal sum of Dollars ($ 1 o be paid and forfeited to the City of Newport Beach if the bid proposal of th/BR P ncipal for the construction of BIRCH STREET PAVEMENT REHABILITATION STREET NORTH TO MACARTHUR BOULEVARD, Contract No. 3792 in the CBeach, is accepted by the City Council of the City of Newport Beach and the prract is awarded to the Principal, and the Principal fails to execute the Contract in the form(s) prescribed, including the required bonds, and original insurance cerendorsements for the construction of the project within thirty (30) calendar days afof the mailing of "Notification of Award°, otherwise this obligation shall become null rhd assigns, executors, heirs firmly bound to the City of If the undersigned Principal it is agreed that the death of ar obligations under this Bond. Witness our hands this of Contractor Name of Surety Telephone g this Bond is executing this Bond as an individual, Principal shall not exonerate the Surety from its Of 2008. Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) BONN N0. 085 97 423 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REMABILITATIQN FROM BRISTOL. STREET NORTH TO`MACARTHUR BOQLEVARb CONTRACT NO. 3792 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 TOTAL BID PRIC$ IN-------- Dollars ($ ,,, ) to be paid and forfeited to h -.-,--e�-��---, the city of Newport Beach N'the bid proposal of the undersigned Principal. for the construction of BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD, Contract No. 3792 in the City of Newport Beach, is accepted by the City Council Of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates- and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 5th day of MAY 2008. ALL AMERICAN ASPHALT Name of Contractor (Principal) Authorized SignMurelT itle M~ t,u.exr SWR ZMf FIDELITY AND DEPOSIT COMPANY OF MARYLAND_ Name of Surety A Agent -Signa ure 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818-409-2800 AGENT: 714-935-1112 Telephone BID DATE: OW.EN M. BROWN ATTORNEY-IN-FACT Print Name and Title (Notaryacknowledgment of Principal & Surety must be attached) MAY 6, 2008 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 5, 2008 before me, Brenda L. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer Name(#6f Signer( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument '� BRENDA L. ROYSTER and acknowledged to me that he/ executed the same in 9 ��t#may `" ' • Commission # 1700922 his/4e4t4eir authorized capacity(ies), and that by his/her/#kteir Z, Notary Public California signature(s) on the instrument the person(s), or the entity upon behalf Riverside County of which the person(s) acted, executed the instrument. My Comm. Expires Oct 26, 2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and official seal. Place Notary Seal Above Signature �l Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond — City of Newport Beach Document Date: May 5, 2008 Number of Pages: 3 Signer(s) Other Than Named Above: Owen M. Brown, Attorney -In -Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(&): Secretary ❑ Corporate Officer — Title(s ❑ Partner— ❑ Limited ❑ General ❑ neral ❑ Partner— ❑ LimitedRIGHTTHUMBPRINT RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF / ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Sign is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 5-5-0.8 Date before me, BARBARA J. BENDER, NOTARY PUBLIC Herta Insert Name arta Tins of the unicer personally appeared OWEN M. BROWN Nam(s) of Signsr(s) BARBARA J. BENDER Commission # 1494946 m�; ^ Notary Public - California ® Orange County My Comm. Expires Jul 13, 2008 1BARBARA J. BENDER r Commission # 1494446 j( P Notary Public - California Orange County I a My Comm. Expires Jul 13.2l Ptace Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/aQ subscribed to the within instrument and acknowledged to me that he/l� executed the same in him authorized capacity(im), and that by him signature(*) on the instrument the person(*), or the entity upon behalf of which the person(r) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cali rnia that the foregoing paragraph is true -and correct WITNESS Signature OPTIONAL Though the information below is not required by law, it may prove - valuable to persons relyfng on the document and could prevent fraudulent removal and reattachment of tMs form to another document Description of Attached Document Title or Type of Document: Document Date: 5-5-08 BID BOND Signer(s) Other Than Named Above. ALL AMERICAN ASPHALT Capacity(les) Claimed by Signer(s) Signer's Name: OWEN M. BROWN ❑ Individual ❑ Corporate Officer — Titie(s): _ ❑ Partner — ❑ Limited ❑ General U Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND RIGHT THUt SPRINT'. OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Titlel _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer is Representing: RIGHT THUNISPR!''47 OF SIGNER .. of thumb here X2007 National Notary Assodalion• 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402• www.NanonalNotatyorg Hamill Reorder.CaHToll Ree 1500-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company,are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and t act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act t a 9 akings, and the execution of such bonds or undertakings in pursuan 9 s on said Company, as fully and amply, to all intents and purposes, as if x ged by the regularly elected officers of the Company at its office in Ba ' r@ r power of attorney revokes that issued on behalf of Owen M. BR9�la�u 'i The said Assistant)SE Section 2, of the By-lfy; IN WITNESS WIN affixed the Corporate December, A.D. 2004. ATTEST: '�oyo�tvos�. Ortlfyfltat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. tEOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland L., CityofBaltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary ya/Aw By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. �p,nunrq� POA -F 012-0160 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 i L EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaldng, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages....and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do farther certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 5th day of MAY 2008 Assistant Secretary 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 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 Contractors 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) Subcontractors Information Bid Item Number Description of Work %of Total Bid Name: Lbbe M S T -At„ Address: 1 M # �� `� t' 4 Laps 4�7 2 9s� 1 1'11 Phone: 1(�` (03O-p9q tTVa/, �.t State License Number: -75-731 q Name: l0um`j r Address: as,77 Phone: ,tq-639_4 iso A State License Number: ,3q(O0Q�- Name: Address: Phone: State License Number. zed Signaa itle05 &4J J EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The proposed subcontractor , hereby certifies that he has X , h ted in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 0 0 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. 0 Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. 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 Project Description Approximate Construction Dates: Agency Name 'To: G — d Contact Person Original Contract Amount $Final Contract Amount $ +q5 DDO If final ampy9t 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 ypu/Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name/Number Project Description Approximate C Agency Name r 0 Contact Person Telephone (949) 3 (n I— U 13 a Original Contract Amount $ LU00D Final Contract Amount $ h Li i 000 If final sinPmnt 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,ypgfContractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Numbei Project Description Approximate Construction Dates: From 1 l -OLO To: (D — U -f— Agency Agency Name Contact Person 11 UU P5U Tran Telephone ( Original Contract Amount $19S40 Final Contract Amount $ 11 d$ 51 If final amouptis 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 ygu/Contractor? If yes, briefly explain and indicate outcome of claims. M 0 Project Name/Number Nm B-� liawannGCl.rdo—y 5 ` C'Grson Sf (Zesurfacin Project Description S Approximate Construction Dates: From (� S To: a O l Cl Agency Name Contact Person S-6-2 SSI 0�Telephone (Sava) ti ao— d TI Original Contract Amount $ L&LUFinal Contract Amount $ tOQ St Lo If final amougtji .gifferent 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/Cpntractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Numbed �OY1l YYl D 1� �t C Project Description '-AT(7-e 2m QmYeMM--1-S Approximate Construction Dates: From LAM Agency Name "M Okf U Contact Person Telephone (iyq) --111 H ` -is Original Contract Amount $ OQFinal Contract Amount $ lo", 0 DD If final arpggnt 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 M/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number^. riM Project Description Approximate Construction Dates: From Agency Name Contact Person ln �.nna 7-.n V ToS-i n LnA W )YZ\<'Yl 7c n+--, 2 To: Telephone (J11) -31 Original Contract Amount $ aUADFinal Contract Amount $ 0, I DO d If final aTpygt 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 again§t M/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintenden or on-site Construction Manager for the Contractor. Ste PC++GL0(A ` VC9 S Upon request, the Contractor shall attach financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. o All em.('bf) L&JI— Bidder Auth ' ed Signature/Title VOber It aC� it t iCf 12 i P.O. Box 2229, Corona, CA 92878.2229 Art Ramirez Work Hletotyt 19WPresent All American Asphalt Corona, CA Paving Foremen • Managed daily operations for paving. • Responsible for proper placement of asphalt materials. 1980-1988 Operating 6tgineer • Responsible for daily maintenance and operation of various heavy machinery, including paving machines 1978-1980 Guy F. Atkinson California Operating Engineer • Responsible for daily maintenance and operation of various heavy machinery, including paving machines. 1976-1978 R.J. Noble Orange, CA Operating Engineer • Responsible for daily maintenance and operation of various heavy machinery, including paving machines. A t.; • 04 t P.O. Box 2229, Corona, CA 92878.2229 Doug Harrington Work 1996rpresent All American Asphalt Corona, CA Co etruel{on Manager • Supervise construction activities for general engineering contractor. • Manage grading, concrete, and paving operations for both public and private work projects. 1990-1996 paving Superintendent • Managed all paving operations. • Responsible for organizing personnel, equipment and materials for paving projects. • Responsible for project acceptance. • Handled customer inquiries and complaints. 1988-1990 Foreman • Managed daily operations for grading works concrete, Paving and public projects. • Responsible for quantity verification and contract changes. 1977-1983 Industrial Asphalt/Hunt Mix Irwindale, CA operating Engineermachinery. • Responsible for daily maintenance and operation of various heavy AddhWel intonneflott Attended various educational classes relating to the construction industry including: Agtec pointman Training (Non contact sensor grade control) Asphalt Technology A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 6efji d -e) Bober+ 13rQ AI :eu beipg,first duly sworn, deposes and says that he eF she is vl��Yresl d r47 t-` of loll �pfifall HSPI1G:It , 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. U N iNn kvhaa-� Bidder Aut razed Signatureitle Robert $ le'j ,Vi C Prnj ldaert` Subscribed and sworn to before me this 576-4 day of M Aq 2008 by kg@ Emil le—wo–ke � proved to me on the basis of satisfactory evidence to be the person("o appeared before me. n r, D l� BRENDA L. ROYSTER Notary Public Commission # 1700922 -i Notary Public - C011f0fto Riverside County My Commission Expires: DC T 2 0 MyComn.e�od26,2010 - 13 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 DESIGNATION OF SURETIES Bidders 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): V _ �� 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts a 1� I1 q D, 0 q ) Ucl l k 5 5 13Le 6 LM 2. Total dollar . Amount of Contracts (in (�j �1d3 35q,S8io 3351 19tH-} )54,043 ob8145(0 IB5,1 n 1140qa-+J Thousands of $ No. of fatalities No. of lost Workday Cases 19 No. of lost workday cases involving permanent transfer to another job or termination of em to 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. 15 i 0 Legal Business Name of Bidder Ah AffleYhI I &P tiQ/I Business Address: Q ))9 n a,('0q,?R� lf Business Tel. No.: q S 1-9 v--+1000 State Contractor's License No. and Classification: Title Tin QreS I P.n-1— 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 1 Title Signature of Date Title Signature of. bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnershipfjoint 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 ventures, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint ventures, 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. ME CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 5, 2008 before me, Brenda L. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument BRENDA L. ROYSTER and acknowledged to me that he4he/they executed the same in t Commission # 1700922 W4;er/their authorized capacity(ies), and that by 4W4;er/their Z :�� Notary Public - California signature(s) on the instrument the person(s), or the entity upon behalf Z ° Riverside County of which the person(s) acted, executed the instrument. AMC0mm.E%Vres0ct26,2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official eal. Signature -1.4 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contractor's Industrial Safety Record — City of Newport Beach Document Date: May 5, 2008 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: Mark Luer ❑ Individual X Corporate Officer— Title(s): Secretary ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 ACKNOWLEDGEMENT OF ADDENDA The bidder shall signify receipt of all Addenda here, if apy, and attach executed copy of addenda to bid documents: Addendum 17 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of pedury under the laws of the State of California that the following information is true and correct: Q� Name of individual Contractor, Company or Corporation: Anac r I ao Business Address: Telephone and Fax Number:g5I'T'-�'(p--jLo co IqS California State Contractor's License No. and Class: PUM3 A i (REQUIRED AT TIME OFAWARD) Original Date Issued: III l I I Expiration Date: 11 -311 ab l O List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone n6mbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of0 ff I I G -n i Gy 18 9 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: N)� For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N Irt Briefly summarize the parties' claims and defenses; ever had a contract terminated by the owner/agency? if so, explain. ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes /® Are any claims or actions unresolved or outstanding? Yes 1 l� 19 • i If yes My 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. Dan b. SisPrnare- (Print name of Owner or President of Corporation/Company) hI I Awxnen Asohc- --�� Bidder XulKhAd Signature/Title I`n�rk �lY'G��f�uliil� �PSIGIe� Title 1144" XM Date Subscribed and sworn to (or-afff fAed) before me this C';f-4 day of , 2008 by proved to me on the basis of satisfactory evidence to be the person("ho appeared before me. awhl BRENDA L. ROYSTER Commission # T 100922 i Notary Public - California Riverside County MyCorrcnEvpYaaOct 010 r [SEAL] 1 MOM s My CommissionExpires:OCT 2-6�20/o 20 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 21 0 0 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an. officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 22 DISCLOSURE OF LOBBYING ACTIVITIES 1. Type of Federal Action: Ela. 16. Information requested through this form is authorized by contract b. grant c. cooperative agreement d. loan e. loan guarantee I. loan insurance 2. Status of Federal Action: E] a. bid/offer/aoDlication b. initial award c. post -award 4. Name and Address of Reporting Entity ❑ Prime 13Subawardee Tier , if known Congressional District, If known 6. Federal Department/Agency: 8. Federal Action Number, if known: . Xy CFDA Number, if applicable 9. Award Amount, if known: 3. Report Type: E] a. initial b. mat al change For terial Change Only: ear_ quarter date of last report S. If Reporting E ity in No. 4 is Subawardee, Enter Name nd Address of Prime: District, if known Federal Program Name/Description: 10. a. Name and Address of Lod Entity b. Individuals Performing Services (including (If individual, last name, fi name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) 9 necessary) 11. Amount of Payme (check all that apply) 13. Type of Payment (check all that apply) $/r(s)emhp1doyeCeh(s)c actual ❑ planned a. retainer b. one-time fee 12. Fcheck all that apply): c. commission d. contingent fee specify: nature a deferred value f. other, specify 14. Bf Services Performed or to be performed and Date(s) of Service, Including oe(s), or members) contacted, for Payment Indicated in Item 11: (attach Continuation Sheets) if necessary) Continuation Sheet(s) attached: Yes ❑ No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of Signature: lobbying reliance was placed by the fier above when his transaction was made or entered into. This disclosure is Print Name: required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be _ Title: U� available forpublic inspection. Any person who fails to file the required disclosure shall be subject to a clvti penalty of not less than $10,000 and not more than Telephone No.: [96I 73W(oQ0Date:S S -O Y $100,000 for each such failure. Federal Use Only: 23 Authorized for Local Reproduction Standard Form - LLL INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District If known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the Ger of the subawardee, e.g., the first subawardee of the prime is the first ter. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report In Item 4 checks "Sylrawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (tem 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and ban commitments. B. Enter the most appropriate Federal identifying number available for the Federal action identification In item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP -DE -90.001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardfloan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to Influenced the covered Federal action. _ (b) Enter the full names of the Individuals), performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity, (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. It payment is made through an in-kind contribution, specify the nature and value of the In-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheets) is attached. 16. The certifying official shag sign and date the forth, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for redudng this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503, SF -LLL -Instructions Rev. 06-04-90aENDIF» 24 Local Agency Bidder -DBE (Construction Contracts) -Information The successful bidder must execute and return the LOCAL AGENCY BIDDER — DBE INFORMATION form, even if no DBE participation will be reported. AGENCY: hu✓ B It vk CONTRACT NUMBER: '2:Z13 FEDERAL -AID PROJECT NUMBER: 2 TOTAL CONTRACT AMOUNT:$ top Mct.nu FEDERAL SHAR(For local agency to mplete) : $ BID DATE: AL U r a DO f BIDDER'SNAME: B11, ry-,&yI(L.n5d n l ADVERTISED DBE CONTRACT AVAILABILITY ISORY Percents e: CONTRACT ITEM OF WORK AND DESCRIPTION DBE Cen. No. NAME OF DBEs DOLLAR AMOUNT ITEM NO. OR SERVICES TO BE AND EXPIRATION Must be certified on the date bids DBE3 SUBCONTRACTED OR MATERIALS DATE O BE PROVIDED' are opened - include DBE address and phone number 2 , JvW • L al IMPORTANT: fdamdfy an DBE tams betrrg penicipt nng m the pmlect, regardlm of er '..Names of the First Tier DBE Subconuactras and their respective itemfs) of work 'stat above should be consiilem, where amlicoW with the aernea and items of wort .roto Claimed t ,, 11771l r� � �� It�rY•D0 Partioiponon p the list a Subconaacwn' Submitted with ynur bid. Provide copies of the DBE&* odds. and irapplicable, a copy or Joint KTMe agRemaui. pursuant tp the Subcontractors Llsfing Law and We, special Provuaons. 1 �} � L4 r 04 % I. Era,DBE;prinit and subomatractorscatificalionnumber. Prime con gactofs.shall %bili'AC{'3Cl'1v�LCI310� indicate all work to be performed by DBEs including work pnfoimed;by its own Imes. )f 100°/ of item is not to be pexibrmed or f nnisbod by DBEs describe exact portion o Signature of Bidder item to be performed or fianished by DBE. . See Section 'Disadvantaged Busmess.Enterprise'(DBE)," of the Special Provisionst (Construction contracts); to determine how to count the,participatipn of DBE firms. ICC 1 of . ' (Area Code) Tel. No Local Agency Bialk, . DBE Inremumwn, lit" 5:01;06) Distribution: (1) Copy - Fax immediately to the Caltrans District Local Assistance Engineer (DLAE) upon award. (2) Copy - Include in award package to Caltrans District Local Assistance (3) Original — Local agency files 2.1 L 0 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL The bidders attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. The Bidders Bond form mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public,Contract Code Section 7106, a Non Collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidders responsibility in the event it is the apparent low bidder on a future public works contracts. 2 -1.015 --FEDERAL LOBBYING RESTRICTIONS.—Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. 26 0 0 The above referenced, certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2-1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE).-- This project is subject to Title 49, Code of Federal Regulations part 26 (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." In order to ensure Caltrans achieves its federally mandated statewide overall DBE goal, the Agency encourages the participation of Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with Federal Funds. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Bidders shall be fully informed in respect to the requirements of the DBE. Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. Attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. 27 D. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; E. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: 1. The Caltrans "Civil Rights" web site at: hfta://www.dot.ca.govihu/bep. 2. The Caltrans DBE Directory. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; F. When reporting DBE participation, bidders may count the cost of materials or supplies purchased from DBEs as follows: If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public In the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph F.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph F.2. 3. If the DBE is neither a manufacturer nor a regular dealer, count only the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, 28 provided the fees are reasonable and not excessive as compared with fees charged for similar services. G. When reporting DBE participation, bidders may count the participation of DBE trucking companies as follows: The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract. 2. .The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner - operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; For the purposes of this paragraph G, a lease must indicate that the DBE has exclusive use of and control over the track. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. H. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. 2-1.03 DBE AVAILABILITY ADVISORY --As required by federal law, Caltrans has established a statewide overall DBE goal. In order to ascertain whether that statewide overall DBE goal is being achieved, Caltrans is tracking DBE participation on all Federal -aid contracts administered by cities/counties and other local agencies. The Agency has not established a DBE Availability Advisory for this project. Bidders who obtain DBE participation on this project will assist the state in meeting its statewide overall DBE goal. 29 i FEDERAL MINIMUM WAGE RATES GENERAL DECISION: CA20080035 04/04/2008 CA35 Date: April 4, 2008 General Decision Number: CA20080035 04/04/2008 Superseded General Decision Number: CA20070035 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 Publication Date 0 02/06/2008 1 02/15/2008 2 02/22/2008 3 02/29/2008 4 03/07/2006 5 03/28/2008 6 04/04/2008 ASBE0005-002 08/07/2007 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 37.01 10.84 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 20.76 10.23 ASBE0005-004 08/07/2006 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 19.55 6.38 13RCA0004-010 05/01/2007 Rates Fringes Bricklayer; Marble Setter ........ $ 32.83 9.20 30 BRCA0018-004 06/01/2007 Rates Fringes TERRAZZO FINISHER ................$ 25.54 8.62 Rates Fringes MARBLE FINISHER ..................$ -------------------------------------------------------- CARP0409-001 07/01/2007 24.02 8.41 TILE FINISHER .................... $ 19.82 7.51 Tile Layer...... .................$ --------------------------------------------------------- 30.55 11.62 BRCA0018-010 10/06/2007 Installex,.Insulation 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. CARP0409-005 07/01/2007 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 35.51 9.17 STOCKER/SCRAPPER ............ $ 10.00 6.56 --------------------------------------------------------- ELEC0011-002 12/05/2006 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 24.43 38+7.60 Technician ..................$ 26.23 3%+7.60 31 Rates Fringes TERRAZZO FINISHER ................$ 25.54 8.62 TERRAZZO WORKERISETTER........... $ 32.63 9.41 -------------------------------------------------------- CARP0409-001 07/01/2007 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installex,.Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 35.51 9.20 (2) Millwright ..............$ 36.01 9.20 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 35.64 9.20 (4) Pneumatic Nailer, Power Stapler ................$ 35.76 9.20 (5) Sawfiler...............$ 35.60 9.20 (6) Scaffold Builder ....... $ 27.46 9.20 (7) Table Power Saw Operator ....................$ 35.61 9.20 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. CARP0409-005 07/01/2007 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 35.51 9.17 STOCKER/SCRAPPER ............ $ 10.00 6.56 --------------------------------------------------------- ELEC0011-002 12/05/2006 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 24.43 38+7.60 Technician ..................$ 26.23 3%+7.60 31 0 0 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. --------------------------------------------------------------- ELEC0441-001 06/04/2007 Rates Fringes Cable splicer ....................$ 38.15 38+11.23 ELECTRICIAN ......................$ 36.47 3%+11.23 ---------------------------------------------------------------- ELEC0441-004 06/04/2007 TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS E STREET LIGHTING Rates Fringes ELECTRICIAN Cable/Fiber Optic Splicing..$ 38.15 3%+11.23 Journeyman Transportation Electrician .................$ 36.47 3%+11.23 Transportation Systems Technician ..................$ 27.35 38+11.23 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires". The excavation, setting, leveling and grouting of 32 precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video/data. '------------------------------------------------------------- ELEC1245-001 06/01/2007 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 41.02 12.22 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead . and underground distribution line equipment) ..................$ 33.24 11.17 (3) Groundman...............$ 25.42 10.89 (4) Powderman...............$ 37.16 11.34 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2008 Rates Fringes ELEVATOR MECHANIC ................$ 43.10 16.285 FOOTNOTE: PAID VACATION: Employer contributes 88 of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ------------------------------------ ---------------------------- ENGIO012-063 07/09/2007 Rates Fringes POWER EQUIPMENT OPERATOR (All Other Work) GROUP 1 ....................$ 33.65 15.82 GROUP 2 ....................$ 34.43 15.82 GROUP 3 ....................$ 34.72 15.82 GROUP 4 ....................$ 36.21 15.82 GROUP 5 ....................$ 37.31 15.82 GROUP 6 ....................$ 36.43 15.82 GROUP 7 ....................$ 37.53 15.82 GROUP 8 ....................$ 36.54 15.82 33 • GROUP 9 ....................$ 37.64 15.82 GROUP 10 ....................$ 36.66 15.82 GROUP 11 ....................$ 37.76 15.82 GROUP 12 ....................$ 36.83 15.82 GROUP 13 ....................$ 36.93 15.82 GROUP 14 ....................$ 36.96 15.82 GROUP 15 ....................$ 37.04 15.82 GROUP 16 ....................$ 37.16 15.82 GROUP 17 ....................$ 37.33 15.82 GROUP 18 ....................$ 37.43 15.82 GROUP 19 ....................$ 37.54 15.82 GROUP 20 ....................$ 37.66 15.82 GROUP 21 ....................$ 37.83 15.82 GROUP 22 ....................$ 37.93 15.82 GROUP 23 ....................$ 38.04 15.82 GROUP 24 ....................$ 38.16 15.82 GROUP 25 ....................$ 38.33 15.82 POWER EQUIPMENT OPERATOR (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 35.00 15.82 GROUP 2 ....................$ 35.78 15.82 GROUP 3 ....................$ 36.07 15.82 GROUP 4 ....................$ 36.21 15.82 GROUP 5 ....................$ 36.43 15.82 GROUP 6 ....................$ 36.54 15.82 GROUP 7 ....................$ 36.66 15.82 GROUP 8 ....................$ 36.83 15.82 GROUP 9 ....................$ 37.00 15.82 GROUP 10 ....................$ 38.00 15.82 GROUP 11 ....................$ 39.00 15.82 GROUP 12 ....................$ 40.00 15.82 GROUP 13 ....................$ 41.00 15.82 POWER EQUIPMENT OPERATOR (Tunnel Work) GROUP 1 ....................$ 35.50 15.82 GROUP 2 ....................$ 36.28 15.82 GROUP 3 ....................$ 36.57 15.82 GROUP 4 ....................$ 36.71 15.82 GROUP 5 ....................$ 36.93 15.82 GROUP 6 ....................$ 37.04 15.82 GROUP 7 ....................$ 37.16 15.82 0 FOOTNOTES: PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, and Vandenburg AFB. Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman 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 34 side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra -hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full. slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and 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 35 0 0 operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types. (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types -Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool 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 01 similar types - Hughes Super Duty, auger 200 or simi-lar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, . Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) 37 0 GROUP 21: Rubber -tired earth -moving operating in tandem (scrapers, belly types in any combination, excluding multiple engine, Euclid, Caterpillar 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving operating equipment with the tandem (single engine, up to and including 0 equipment operator,. dumps and similar compaction units - and similar type, over equipment operator, push-pull system 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with.the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (I drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd, and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS 'GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Rackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman 0 GROUP 7: Tunnel mole boring machine operator --------------------------------------------------- ENGI0012-004.08/01/2007 Rates POWER EQUIPMENT OPERATOR (DREDGING) (1) Leverman................$ 41.65 (2) Dredge dozer ............ $ 37.18 (3) Deckmate................$ 37.07 (4) Winch operator (stern winch on dredge) ............ $ 36.52 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 35.98 (6) Barge Mate ..............$ 36.59 IRON0002-004 07/01/2007 Rates Ironworkers: Fence Erector ...............$ 29.62 Ornamental, Reinforcing and Structural ..............$ 30.51 PREMIUM PAY: Fringes 15.82 15.82 15.82 15.82 15.82 15.82 '-------------- Fringes 20.915 20.915 $3.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $2.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $1.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00300-001 07/01/2007 Rates Brick Tender .....................$ 25.47 ---------------------------------------- LAB00300-003 07/01/2007 Rates LABORER: Gunite GROUP 1 .....................$ 27.79 GROUP 2 .....................$ 26.84 GROUP 3 .....................$ 23.30 Laborer: Tunnel GROUP 1 .....................$ 29.04 GROUP 2 .....................$ 29.36 40 Fringes 13.25 ----------------- Fringes 16.62 16.62 16.62 13.54 13.54 GROUP 3 .....................$ 29.82 13.54 GROUP 4 .....................$ 30.51 13.54 Laborers: GROUP 1 .....................$ 24.63 13.25 GROUP 2 .....................$ 25.18 13.25 GROUP 3 ............:.........$ 25.73 13.25 GROUP 4 .....................$ 27.28 13.25 GROUP 5 .....................$ 27.63 13.25 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and -which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. 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 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 41 wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of Joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether .water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing, and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP l: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of 42 troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ------------------------ LAB00882-002 01/01/2008 Rates Fringes Asbestos Removal Laborer ......... $ 25.15 12.25 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 07/01/2007 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 43 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling crew Laborer...$ 25.44 B.81 (2) Vehicle Operator/Hauler.$ 25.61 8.81 (3) Horizontal Directional Drill Operator ..............$ 27.46 8.81 (4) Electronic Tracking Locator .....................$ 29.46 8.81 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 .....................$ 26.39 11.47 GROUP 2 .....................$ 27.69 11.47 GROUP 3 .....................$ 29.70 11.47 GROUP 4 .....................$ 31.44 11.47 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 43 0 .i application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment --------------------------------------------------------------- PAIN0036-001 07/01/2007 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint .................$ 25.20 8.14 (2) All Other Work .......... $ 28.47 8.14 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. PAIN0036-008 10/01/2007 Rates Fringes DRYWALL FINISHER/TAPER ........... $ 31.64 10.87 ---------------------------------------------------------------- PAIN0036-015 06/01/2007 Rates Fringes GLAZIER ..........................$ 33.30 13.53 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up -------------------------------------------------------------- PAIN1247-002 01/01/2008 Rates SOFT FLOOR LAYER .................$ 29.85 ---------------------------------------- PLAS0200-009 01/01/2005 Rates PLASTERER ........................$ 28.29 ---------------------------------------- PLAS0500-002 07/01/2007 Rates 44 Fringes 8.49 --------------------- Fringes 7.46 --------------------- Fringes 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 $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- * SFCA0669-008 04/01/2008 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 32.85 15.05 ---------------------------------------------------------------- SFCA0709-003 01/01/2008 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) .......... $ 35.66 19.00 45 CEMENT MASON/CONCRETE FINISHER ... ---------------------------------------------------------------- $ 28.00 16.45 PLUM0016-001 01/01/2008 Rates Fringes PLUMBER/PIPEFITTER (1) Work on strip malls, light commercial, tenant . improvement and remodel work ........................$ 26.21 13.54 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 32.84 14.93 (3) All other work .......... ---------------------------------------------------------------- $ 33.86 15.91 PLUM0250-002 01/02/2006 Rates Fringes REFRIGERATION MECHANIC Refrigeration Fitter ........ ---------------------------------------------------------------- $ 33.30 13.95 PLUM0345-001 01/01/2008 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 25.18 12.66 Sewer s Storm Drain Work .... $ 22.99 14.79 ---------------------------------------------------------------- ROOF0036-002 08/01/2007 Rates Fringes ROOFER ...........................$ 29.90 7.27 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 $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- * SFCA0669-008 04/01/2008 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 32.85 15.05 ---------------------------------------------------------------- SFCA0709-003 01/01/2008 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) .......... $ 35.66 19.00 45 ------------ SHEEOID5-003 01/01/2008 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and 46 Rates Fringes Sheet metal worker (1) Commercial - New Construction and Remodel work ........................$ 37.08 14.61 (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 ... ---------------------------------------------------------- $ 32.01 19.92 TEAM0011-002 07/01/2007 Rates Fringes Truck drivers: GROUP 1 ....................$ 25.44 17.39 GROUP 2 ....................$ 25.59 17.39 GROUP 3 ....................$ 25.72 17.39 GROUP 4 ....................$ 25.91 17.39 GROUP 5 ....................$ 25.94 17.39 GROUP 6 ....................$ 25.97 17.39 GROUP 7 ....................$ 26.22 17.39 GROUP 8 ....................$ 26.47 17.39 GROUP 9 ....................$ 26.67 17.39 GROUP 10 ....................$ 26.97 17.39 GROUP 11 ....................$ 27.47 17.39 GROUP 12 ....................$ 27.90 17.39 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and 46 0 E utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). 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 rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. 47 With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 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 CER 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 Board are final. END OF GENERAL DECISION 48 .. 0 i PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 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. EE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD CONTRACT NO. 3792 CONTRACT THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All American Asphalt, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CONTRACT NO. 3792 This project involves grinding of existing pavement and overlaying with minimum 2 -inch ARHM surface course along Birch Street from Bristol Street North to MacArthur Boulevard. Designated portions of existing concrete curb and gutters, sidewalk, driveway approaches, and curb ramps will also be removed and replaced. 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. 3792, 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. 50 0 0 C. COMPENSATIONAs 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 Six Hundred Nine Thousand, Six Hundred Nine and 00/100 Dollars ($609,609.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Emmet Berkery (714) 343-3474 All American Asphalt P.O.Box 2229 Corona, CA 92878 951-736-7600 951-736-7646 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "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 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. 52 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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 53 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non -Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the 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. 54 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. L. PREVAILING WAGES This is a federally assisted construction contract and the higher of State of California or Federal prevailing wages shall be paid to all workers employed on this project. Federal and State of California labor standard provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts, shall be enforced. The current Federal and State prevailing wage rates under which the work is to be done is attached to the contract documents and is available at the Public Works Department, 3300 Newport Boulevard, Newport Beach CA 92663. In the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.htm1) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm), the higher of the two will prevail. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage decision. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: ' CITY CLERK APPRO ED AS TO FORM: ff Aaron C. Harp Assistant City Attorney 55 CITY O"EWPORTIB A MurkDal Gorporatiilor 0 ALL AMERICAN ASPHALT al Tit It Print Name: v ByG (Financial fficer) Title: P�ti1' I re(%�Sc�r2� Print Name: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 15, 2008 before me, Brenda L. Royster, Notary Public Date Here Insert name and Tftle of the Officer personally appeared Robert Bradley and Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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 BRENDA pYSTER signature(s) on the instrument the person(s), or the entity upon behalf Commission # 1 700922 of which the person(s) acted, executed the instrument. Notary Public California = Riverside County I certify under PENALTY OF PERJURY under the laws of the State of MyC rnm.Ex09sOct26,2010 California that the forgoing paragraph is true and correct. WITNESS my Pand and official seal. Signature c-/,�L� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract — City of Newport Beach Document Date: May 15, 2008 Number of Pages: 6 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Other: Signer's Name: Mark Luer ❑ Individual X Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRII\ ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: I I Signer is Representing: Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS. GENERAL.—The work herein proposed will be financed in whole or in part with Federal funds, and therefore a6 of the statutes, rules and regulations promulgated by the Federal Gov- emment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Fort FHWA 1273, are included in this Section 14. Whenervar in said required contract provisions refemaces are made to "SHA contracting officer;' "SHA resident engineer," or "authorized representative of the SHA;' such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section 11, "Nondiscrimination," and Section VII, Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning soy portion of the contract in ==a of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION refaced to above, executed by the imposed subcontractor. NON -COLLUSION PROVISION.—The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Coda Section 112, requires as a condi- tion precedent to approval by the Federal Highway Adrainisttator of the contract for this work that each bidder file a sworn statement executed by, or on behalf oC the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agremnem, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to matte the non -collusion affidavit statement required by Section 112 as a certification underpenalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS EN- TERPRISES IN SUBCONTRACTING.—Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B—Information for Determining Joint Venture Eli- gibility FRA (This form need not be filled in if all joint venture firsts are DBE owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The DBE partner must complete Schedule A.) a. Describe the role of the DBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non -DBE joint venture. 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of DBE ownership? _ 8. Ownership of joint venture: ('this need not be filled in if described in the joint venture agreement, provided by question 6.). Raiud 3-95 W47-95 Page 12-65 LPP 01-04 March 15, 2001 E)OMrf 12-E Local Assistance Procedures Manual Attachment A PS&E Checklist Instructions a. Profit and loss sharing...................................................................................................... b. Capme ital contributions, including equipment. Naof Firm Name of Firm C. Other applicable ownership interests. .................................................................................................1111 9. Control of and participation in this contract. Identity by Signature Signature name, race, sex, and "firm" those individuals (and their titles) who are �e for day -today managnnem and policy ...................... ....11„.1.1. decision including, but not limited to, those with Name ..................................Name................. primeresponsrbr' for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring mud firing of management personnel _ 4. Purchasing of major items or supplies a Supervision of field operations Note.—If, atter tiling this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this tion, time is any significant change in the information su 'tted, the joint venture must inform the Iprantee, either di- rectly or through the prime contraaor if the form venture is a subcontractor. Affidavit '"Ihe undersigned swear that the foregoing statements are cor- rect and includes all material information necessary to identity and explain the terra and operation o£our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefor and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Revio d 3-95 0&-07-95 FR -2 Title Title Date Date Date Stare of County of On this _ day of . 19 before me appeared (Name) to mne personally (mown, who, being duly sworn, did execute the foregoing affi- davit, and did state that be or sbe was properly authorized by (Name of fin) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Date State of County of On this _ day of 19 before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of thin) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Page 12-66 March 15, 2001 LPP 01-04 0 Local Assistance Procedures Manna] EXHIBIT 12-E PS&E Checklist Instructions Attachment B REQUIRED CONTRACT PROVISIONS FEDERAT ,AHI CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) . Page I. General....................................................................... 3 II. Nondiscrimination..................................................... 3 Ill. Nonsegregated Facilities ............................................ 5 IV. Payment of Predetermined Minimum Wage .............. 6 V. Statements and Payrolls ............................................. 8 VI. Record of Materials, Supplies, and Labor .................. 9 VII. Subletting or Assigning the Contract ......................... 9 V111. Safety: Accident Prevention ...................................... 10 IX. False Statements Concerning Highway Project.......... 10 X. Implementation of Clean Air Aa and Federal Water Pollution Control Act .................................................. 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ...................... I l XII. Certification Regarding Use of Contract Funds for Lobbying.................................................................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work perforated on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shalt inset in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order that may in tam be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for temni- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CPR 5.12: Section I, paragraph 2; Section IV, ps 1, 2, 3, 4, and 7; Section V, pamgrap I and 2a through 2g. S. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the connector (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. FR -3 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from my other Stai e, possession, or territory of the United States (except for employment pmference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIhIINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set froth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CPR 60) and orders of the Seractary of Labor as modified by the provisions prescribed herein, and im- posed pursuant to 23 U.S.0 140 stall constitute the EEO and specific affirmative action standards for the contractor's projoct activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60.4.3 and the {4provisions of the American Disabilities Act of 1990 2 U.S.C. 12101 er aeq.J set forth under 28 I;FR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following uhinimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli. gations and in their review of his/her activities miler the con- tract. b. The contractor will accept as his operating policy the following statement h is the policy of this Company to assure that applicants are employed; and that employees are treated during employment. without regard to their race, religion, ser; color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment ad- vertising; layoff or temdnaiion; rates of pay or other farms of compensation; and selection for training, including apprentice- ship, pregWrenticenhip, and/or on-the-job training." 2. EEO Officer. The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility fbr and must be capable of effectively Page 12-67 LPP 01-04 Match 15, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment B PS&E Checklist Instructions administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do an. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge emp o recommend or who are substantially invoor lved in such action, will be trade fully cognizant of and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of aWloynmt. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a Periodic settings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be re- viewed and explained. The meetings will be conducted by the EEO Officer. b. AE new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for dutywith the contractor. c. All personnel who are engaged in direct rcoruitment for the project will be instmtetad by the EEO Officer in the oonlractar's procedures far fowling and hiring minority group employes. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means, 4. Recruitment: When advertising for employees, the contractor will include in all advertisement; for employees the notation: "An Equal Opportunity Employer." All sucb adver- tisements will be placed in publications having a large circulation among minority groups in the area frmn which the project work force would normally be derived. a The contractor will, unless precluded by a valid bargain ug agreement, Conduct systematic and direct recruitrnatt tbrougtt public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirematy the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bTr ing agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's Compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or worms, or obligates the contractor to do the same, such implementation violates Executive Order lt246, as amended) o. The contractor will encourage his present employees to Pam 1273—Revind 3-95 09-07-95 Tram 1273—Revved 3-95 0&-07-95 refer minority group applicants for employment. Information and procedures with regaril to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff and termination, shall be taken without regard to race, color, religion, sox, national origin, age or disability. The following procedures shall be followed: FR4 a The contractor will Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discximination may extend beyond the actions reviewed, such Corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in Connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persona Upon completion of each inve"ation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will mist in locating, qualifying and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and oa-thc job training programs for the go- ographical area of Contract perfotmanca Where feasible, 25 percent of apprentices or trainces in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The Contractor will advise employees and applicants for employment of available training programs and entrance re- quirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. Page 12-68 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual EXHMICT 12-E PS&E Checklist Instructions Attachment B 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hisrher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect re£enals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher Paying employment b.'Ibe contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain infnnnation as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union ref nes to famish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such intern ation. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargainingagr t, the contractor will, through independent recruitment efforets�f ll the employment vacancies without repazd to race, color, religion, sex, national origin, age or dusabift, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held did it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In le event the union referral prac- tice prevents the contractor from meeting the obligations pursuant to Executive Order 11746, as amended, and these special provisions, such contractor shall immediately notify the & Selection of Subcontractors, Procurement of hfateriah and Leasing of RIpment: The contractor shall not discriminate on the grounl's of race, color, religion, sex, national origin, age or di��(itlityn the selection and retention of subcontractors, including procurement of materials and leases of equipment - a. The contractor shall notify all potential subcontractors and suppliers of hisrher EM obligations under this contract b. Disadvantaged business enterprises (DBI), as defined in 49 CFR 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful rmnority group amt female representation among then employees. Cantrecdors shall obtain lists of DBE construction firms from SHA personnel. C. The connector will use his best efforts to ensure subcon- ttactor compliance with their EEO obligations. 9. Retards and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1)The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- portunities for minorities and women; (3) The progress and efforts being made in locating, hiring, Wig. qualifying, and upgrading minority and female employees; and (4) The progress and efforts being trade in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. In. The contractors will submit an annual report to the SHA each July for the duration of tbe project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification requited by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supplyp agreement or purchase order, as appropriate, the bidder, Federel- aid conahuction contractor, subcontractor, material supplier, or vendor, as a certifies that the firm does not maintain or provide orfFp � ort p�loyees any segregated facilities at any of its establishments, and that the inn does not permit its employees to perform their services at any location, under its comm /, where se fhalities are maintained. The firm agrees that a breach of'tbis certification is a violation of the EEO Provisions of this contract The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restmoms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of raec, color, religion, national origin, aaggee or disability, because of habit, local custony or otherwise. the only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Pram 1273 —Revised 345 08-745 Page 12-69 LPP 01-04 March 15, 2001 EXHIBIT 12-E tical Assistance Procedures Manual Attachment B PS&E Checklist Instructions e. The contractor agrees that it has obtained or will obtain identical certifitafion from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED M WIMffM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a All mechanics and laborers employed or working upon the she of the work will be paid uncondui'onally 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 (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment The payment shall be computed at wage rates not less than time contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, reguodlew of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed ander paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the worked. For the purpose of this Section, contributions made or costs reasonably anticipated for been fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act (40 U.S.C. 276x) on behalf of laborers or mechanics ams considered wages pad to such laborers or mechanics, subject to the provisions of Section IV,paragraph 3b, hereof. Also, for the purpose of this Section, regulaz 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 weedy period, are downed to be constructively made or immured during such weekly Period. Such labored and mechanics shall be paid the appropriate wage rate and fringe benefna on the wage deter - mutation for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c, All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. Fera, 1273 —Revised 3-95 0"7-95 FR -6 2. Classification: a. The SAA contracting offices shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when rhe following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage mate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification rea Prevails in the ain which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the adds. tionad classification or their representatives, and the contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contacting officer within the 30 -day period that additional time is necessary. d.In the event the contractor or subcontractors, as appro. priate, the laborers or mechanics to be employed in the addi. tional classification or their representatives, and the couhading Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appy pne ), the contracting officer shall refer the questions, includnigrethe views of all interested parties and the rccm=ndation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contacting officer or will notify the contracting officer within the 30 -day period that additional time is necessary e. The wage rate (including fringe benefits where appmpriste) determined pudmant top h 2c or 2d of this Section IV shall be paid to all works s pe forming wok in the additional classification from the first day on which'work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con. tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit Page 12-70 March 15, 2001 LPP 01-04 • • Local Assistance Procedures Manual EXIHBIT 12-B PS&E Checklist Instructions Attachment B as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly can equivalent thereof b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of say laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOI., Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in Mather first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the provarr, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program Any employee listed on a payroll at an apprentice wage rate, who hs not registered or othery .so employed as stated above, shall be paid not less than the applicable wage rate listed in the wage detetohination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcoutracmr's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress expressed as a percentage of the joumeyman- level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the previsions of the apprenticeship program If We apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator for the Wage and Hour Division determines that a different pracAce prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. FR -7 (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of anapprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CAR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work peH'ormed unless they are employed pursuant to and ividu ly registered in a program which has received prior approval, evidenced by fornmal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman .level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performingg work on the job site in excess of the ratio permitted order We registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for hisrher level of protress, expressed as a percentage of the joumeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the traince program: If the trainee pmgarn does not mention fringe benefits, trainees shall be ppaid the full amount of fringe benefits fisted on the wage dttemrination unless the Administrator of the Wage and Hour Division determines that there fs an apprenticeship program associated with the corresponding journeyman -level wage rote on the wage determi uxtion which provides for less tlten full fringe benefds for apprentices, in which case such trainees shall ro- ceive the same fringe benefits as apprentices (4) In the event the Employment and Training Admhiis- nation withdraws approval of a training program, the con- tractor or subcontractor will no longer be permitted to utilize trainees at less then the applicable predetermined rate for the work performed until an acceptable program is approved C. Helpers: Helpers will be permitted to work on a IV, if the helper classification is specified and defined on the applicable wage determination or is rpmved pursuant to the conformance procedure set forth in Section 1V.2. Any worker listed on a payroll at a helper wage rate, who is not a heerr under an approved definition, shall be paid not cess than it applicable wage rete on the wage determination for the classification of work actually perf rtmed. Ito m 1277—Reviad JAS M -07A5 Page 12-71 LPP 01-04 March 15, 2001 EXMIT 12-E Local Assistance Procedures Manual Attachment B PS&E Checklist Instructions S. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training program which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid higms hway construction program are not subject to the requirements ofParagraph 4 of this Section FV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the tams of the particular program 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor 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, as 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 meehanrc, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the Suspansioa of any further payment, advance, or guarantee of funds until such of have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of tho contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or pertmt any laborer, mechanic, watchman, or guard in army workweek fn which he/she is employed on such work, to work in axe= of 40 hours in such workweek unless such laborer, mcchmilc, watchman, or guard receives compensation at a rate not less than one-and-oneo-half'times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth inamgaph 7 above, die contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her 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, mechanic, watchman, or guard employed in violation of the clause set forth in p It 7, in the sum of S 10 for each calendar day on which such Joyce was required or permitted to work in excess of the stawork week of 40 boors without payment of the overtinre wages required by the clause set forth in paragraph 7. Form 1273—herbed 3.95 0&07-95 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy my liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or morel colh:etors, which are exempt.) 1. CompOance with Copeland Regulations (29 CM 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2- Payrolls and Payroll Records: FR -8 a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of.3 years from the dare of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, anddaddress of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona We fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hhours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph t. Whenever the Secretary of Labor, pursuant to See- tion eation IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in pmvidm'tgg benefits under a plan or program described in Section I b( )(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain retards which show that the oomrmtment to provide such benefits is enforceable, that the plan or program is thnancially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. Page 12-72 March 15, 2001 UP 01-04 Local Assistance Procedures Manual V HIBIT 12-E PS&E Checldist Instructions Attachment B c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section TV, paragraphs 4 and 5, and watchmen and gaged on work during the preceding weekly payor I Mic payroll submitted shall set out accurately and completely all of the inforrcmtion required to be maintained under paragraph 2b of this Section V. 11ds information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20401 The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or his/her agent the who pays or supervises the pa of the persons employed under the contract and shall catttyy following: (1)that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is cornet and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for die classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of s properly executed certification set forth on the reverse side of Optionall Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance' required by paragraph 24 of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under IS U.S.C. 1001 and 31 U.S.C. 231. he contractor or subcontractor shall make the records ro- under paraffaph 2b of this Section V available for in - of the SHA, the FHWA, or the DOL, and shall perrdt such representatives to interview employees during working hours on the job. If the contractor orsubcontractor fails to submit the to- quired records or to nuke them available, the SHA, the FHWA, due DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as tray be neo- essary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available my be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor sball: a Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA47 together with the data required in paragraph Ib relative to materials and supplies, a final labor summary of all contract work indicating the mal hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the conhact) of the total original contract price, excluding any specialty items designated by the State. Specialty items my be performed by subcontract and the amount of any such specialty items perfa b may be deducted from the totaloriginal contract pprice before computing the amount of work required to be performed by the contractor's own organization (23 CRR 635). ru-IS1 a "Its own organi2ation" shall be construed to include only workers employed and paid by the prime contractor and equipment owned or rented by prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Iterms' shall be consumed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contact_ Form 1273—Reviaxl 3-95 ow -9s Page 12-73 LPP 01-04 March 15, 2001 EXIttBrr 12-E Local Asslstance Procedures Manual Attachment B PS&E Checklist Instructions 2. The contract amount upon which the requirements set forth in paragraph t of Section VU is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall famish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requheroents. and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organisational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the perf mirame of the contract. 4. No portion of the contract shall be sublet, asci�ted or otherwise disposed of except with the written consent of dhe SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of arty responsibility for the falfillmern of the contact. Written consent will be given only after the SHA has assured tint each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, Slate, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor sball provide all safeguards, safety devices and protective equipment and take any other needed actions, as it detemdnes, or as the SHA contracting officer ma detemrihue, to be reasonably necessary to protect rte life and health of employees on the job and the sadly of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shell be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and soy subcontractor shall not permit any employee, in perfic ance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous cr dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFA 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contact that the Secretary of Labor or authorized representative thereof; shall have right of entry to any site of contact performance to inspect or investigate the mater of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). L1f, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confomuty witb approved plans and specifications and a blit degree of reliabilityon stetenmects and representations made 5y engineers, contractors, suppliers, and workers on Federal -aid highway pro. cts e, it is essential that all persons concerned with the project perform thew functions as carefully, thoroughly, and honestly as possible. Willfhl falsification, distortion, or oris• representation with respect to any fhar related to the project is a violation of Federal law. To prevent say misunderstanding re - From 1273—Revised 3A5 06-07.95 girding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AD] HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an ajlleen agent, or employee a the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, fake represenicalm, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantify or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, raps, s eecifcattons, contracts, or cons of construction on any highway or related project submitted for approval to the Secretary of Transporfarion; or Whoever knowingly makes any false statement, false repre- sentadon, false report or fake claim with respect to the character, oJriy quantity, or cost of any work parformed or to be pen rmed or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of 7Yanaportafion, or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, colt !Cate, or report submitted pursuant w provisions of the Federa -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and sup- plamented: Shall hafted not more that $10,000 or imprisoned not more Than 5 years or both." X, IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Fedenhl-aid construction cantracts and to all rebated saicontracfs of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as aPp the bidder, Federal -aid construction contractor, or su y as appropriate, will be deemed to have stipulated as follows: L That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 of seq., as amended by Pub. L 91-604), and under the Federal WeW Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (BPA) Lit of Violating Facilities pursuant to 40 CFR 15.20, 2. Teat the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Am Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the fan shall promptly notify the SHA of the roccipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized FR -10 Page 12-74 March 15, 2001 L:PP 01-04 • • Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B for the contract is under consideration to be listed on the EPA List of Violating Facilities, 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions - (Applicable to all Federal -aid contracts - 49 CPR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of whyit cannot provide the certification set out below. The certiication or explanation will be considered in connection with the departmi t or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to famish a certification or an explanation shall disqualify such a person from participation in tbrs transaction. c. The certification in this clause is a material representation of factn which reliance was placed when the department or agency detemrined to enter into this transaction. If it is later determined that the prospective primary particippant know m,g{ rendered an erroneous certification, in addittn to other remedies available to the Federal Government, the depar anent or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary pariickpad learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered tmassc ion," "debarred," "suspended," "ineligible," "lower tier covered transaction," "pa deipsoV, "person," "primary covered transaction," "principal," 'proposal;' and "voluntarily excluded," as used in this clause, have the meanings sur out in the Definitions and Coverage sections of roles implementing Executive Order 12549. You may contact the department or agency to which thishs submitted for assistance in obtaining a copy of those re f The prospective printery participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transection. FR -11 g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Enlusion-Lower Tier Covera! Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. ILA participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the nmupme rement portion of the "Lists of Panes Excluded From Federal Procurement or Nouprocurement Program" (Nonprecurement list) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowler and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course ofbusiness dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person wbo is suspended, debarred, ineligible, or voluntarily excltded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- pertinent o-pertinent or agency may terminate this transaction for cause or default. xw"<• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclasion—Primary Covered Transactions 1. The prospective primary participant certifies to tea best of its knowledge and belicC that it and its principals: a Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transectimms by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for cotmnissin of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfarming a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust spates or commission of embezzlement, theft, �f�ng,false bribstatements o reeceiving n or � papery. ction of records, c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with cominissiot of any of the offenses enumerated in paragraph 1 b of this certification; and Fain 1273— nenhW 3.95 08-07.95 Page 12-75 LPP 01-04 March 15, 2001 • • ENBMT 12-E Local Assistance Procedures Manual Attachment B PS&E Checklist Instructions d. Have not within a 3 -year period preceding this ap- plieation/proposal had one or Moro public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective patticipant shall attach an explanation to this proposal. +rRRt 2. instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submittin , this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of tact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tis participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. e The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lows tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," «primary covered transaction," "participant," *person," "principal " "proposal," and "voluntarily excluded," as used in this clause, Imre the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which tris proposal is submitted for assistance in obtaining a copy ofthose regulations. e. The prospective lows tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless antltoriad by the department or agency with which this transaction originated. f The prospective lows tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Reitarding Debarment, Suspension, Ineligibility and Voluntary LL��xclusion-Lower Tier Covered Transaction,' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. S. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier coveted transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is act Fmm 1273 —R.viW 5-95 08-07-95 required to, check the Nonprocurattent List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to tends in goad faith the certification required by this clause. The knowledge and information of participant is not required o exceed that which is nominally possessed by a prudent person in the ordinary course of business dealings. L Except for transactions authorized under paragraph a of these instructions, if a ns participant in a covered traaction Imowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. RflRf Certificadaa R��eg�'�d�ing Debarment, Su moa, Inemgtamty and Voluntary Exclasion-Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. .RRRR 7IIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the beat of his or her knowledge and belied that: a No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influcace''ag or attempting o influence an officer or employee of any Foderal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contraci, the making of any Federal grant, the noticing of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, arnendmeny or modification of any Federal contract, grant, loan, or cooperative agreetnent b. if any foods other than Federal appropriated funds have been paid or will be paid to any person for influencing or ahemptiag to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employed of a Member of Congress in connection with this Federal contact, FR -12 Page 12-76 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment 19 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en- tered into. Submission of this certification is a Prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than %10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FEDERAL -AID FEMALE AND MINORITY GOALS 'Required Contract Provisions Federal -aid Constn CUn1mC&' the following are the goals for female utilization Goal for Women (applies nationwide)..............(percent) ........ 6.9 The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA 174 Redding, CA Non -SMSA Counties ............. CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Sisldyou; CA Tehama- 175 ehama 175 Eureka, CA: Non -SMSA Counties ......................... CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco -Oakland -San Jose, CA: SMSA Counties: 7120 Salinas Seaside - Monterey, CA. ... ....................................... CA Monterey. 7360 San Francisco -Oakland, CA ................. CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose, CA.................................... .... CA Santa Clam. 7485 Santa Cruz, CA .................................... CA Santa Cruz. 7500 Santo Rosa, CA .................................... CA Sonoma 8720 Vallejo -Fairfield -Napa, CA ................ CA Napa; CA Solano Non -SMSA Counties ........................................ CA Lake; CA Mendocino; CA San Benito. Goal (Percent) SMSA Counties: 6920 Sacramento, CA ................................... 16.1 CA Placer; CA Sacramento; CA Yolo. Non -SMSA Counties . ........ ........ CA Butte; CA Cohnsa; CA EI Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter, CA Yuba- 178 uba 178 Stockton -Modesto, CA: FR -13 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 Forn11273—RevivA 3.95 as -o7.95 Page 12-77 LPP 01-04 March 15, 2001 SMSA Counties: 6.8 5170 Modesto, CA ....................................... CA Stanishus. 8120 Stockton, CA ....................................... CA San Joaquin. Non -SMSA Counties ........................................ CA Alpine; CA Amador, 6.6 CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Fresno -Bakersfield, CA.- A:SMSA SMSACounties: 0680 Bakersfield, CA.- ................................ CA Ken. 28.9 2840 Fresno, CA .......................................... CA Fresno. 25-6 Non -SMSA Counties ........................................ CA Kings; CA Madera; CA Tulare. 19.6 180 Las Angeles, CA SMSA Counties: 14.9 0360 Anaheim -Santa Ana -Garden 9.1 Grove, CA . ...................... .......................... CA Orange. 17.1 4480 Los Angeles -Long Beach, CA ................................................ CA Los Angeles. 6000 Oxnard -Simi Valley - 23.2 Ventura, CA .............................................. CA Ventura FR -13 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 Forn11273—RevivA 3.95 as -o7.95 Page 12-77 LPP 01-04 March 15, 2001 i • EXHIBIT 12-E Local Assistance Procedures Manual Attachment 11 PS&E Checklist Instructions 6780 Riversido-San Bernardino - Ontario, CA .............................................. 19.0 CA Riverside; CA San Bernardino. 7480 Santa Barbara -Santa Maria - Lompoc, CA ............................................. 19.7 CA Santa Barbare. Non -SMSA Counties ........................................ 24.6 CA Inyo; CA Mono; CA San Luis Obispo. 181 San Diego, CA SMSA Counties 7320 San Diego, CA .................................... 16.9 CA San Diego. Non -SMSA Counties ........................................ 18.2 CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subccntrscts, not including material suppliers, of $ 10,000 or rnurc, shall submit for every month of July during which work is performed, employrnent data as contained under Form FRWA PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Fumy 1273 —R*V W 3.95 08.07.95 FR -14 Page 12-78 March 15, 2001 LPP 01-04 0 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EXECUTED IN FOUR (4) PARTS BOND NO. 089 03 514 1 ' = s The premium Charges on this Bond is 3 2,591.00 being at the rate of b 4. 25 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, Stade of Catitomla, by motion adopted, awarded to Ali American Asphah, hereinafter designated as the'Principal", a contract for construction of BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD, Contract No. 3792, 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 19e8ch, all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3792 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND . 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 Six Hundred Nine Thousand, Six Hundred Nine and 00/'190 Dollars ($009,009.00) 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 oursehoes, 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 Principars 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. 58 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shell 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 that work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby weive notice of any such change, extension of time, alterations or additions of the Con)ract 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 duty executed by the Principal and Surety above named, on the 13th day of MAY , 2008. All American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818-409-2800 AGENT: 714-935-1112 Telephone OWEN M. BROWN, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 59 9 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 15, 2008 before me, Brenda L. Royster, Notate Public Date Here Insert name ane The of the Of(cer personally appeared Robert Bradley Name(WVMgn8r(4r-- BRENDA L. ROYSTER Commission # 1700922 -n Notary Public - California Riverside County MyC0mrn.6Vhes Oct26, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/6w& subscribed to the within instrument and acknowledged to me that he/6heM%y executed the same in his/h WJwic authorized capacity(ies), and that by his/hefAheir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hat4 and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Faithful Performance Bond — City of Newport Beach Document Date: May 13, 2008 Number of Pages: 3 Signer(s) Other Than Named Above: Owen M. Brown, Attorney -In -Fact Capacity(!es) Claimed by Signer(s) Signer's Name: Robert Bradley o Individual X Corporate Officer— Title(&): Vice President o Partner— o Limited o General o Attorney in Fact o Trustee Top of thumb here o Other: Signer is Representing: Signer's Name: o Individual o Corporate Officer — ❑ Partner — o Limit oAttorney in Fa o Trustee o Other: Sigler is Representing: Top of thumb here • swe of Casfomia c4lim of ORANGE on 5-13-08 bakm Are. BARBARA J. BENDER, ROTARY PUBLIC am P OWE N M. BROWN BARBARA'J. BENDER Commimlon # 1494946 "s Notary Public - California Orange County MY Comm. Expires Jul 13, 2008 PbW N*XySodAbM r I v ter.; r_ r •�a' .• � c �• :... , . . :. :.. -Y will -i 01 r% Thaughillieftrmadmil i■rl■notmgdmdbyttallRmaypt.. -.mWEepersmm andmdbm■nmd a ndaorddpmvw*fi■udobRrammWandn edrnaiFaftlYalmnbmmOivolDVmmFIL Mb orT pe of Dor mmit PERFORMANCE BOND NO. 089 03 514 Doammrd Dalm 5-13-08PA■rlber of TWQ • (Z) 0girmr(s) OdwTheo Marred Above: ALL AtlWrrM ASWU Cmpaft(bs) Ckrned by Signer(s ■ a r r. ■ r, .;II. rep of u.•nb here nb 07e0IlYw.IIWgN■.pian•BffieD1SabMo.PaB�81�•Ql.bhf?181>11801�'w�MyoeNtmRVY Irm iWm n.oi00r.C7fl0/AMl-0ODd/8•!?] c. • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD EXECUTED IN FOUR (4) PARTS *A ill Z• F71 M. BOND NO. 089 03 514 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to All American Asphalt, hereinafter designated as the 'Principal," a contract for construction of BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD, Contact No. 3792, 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. 3792 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Suretll') are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Nine Thousand, Six Hundred Nine and =100 Dollars (560909.00) 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 Prindpars subcontractors, fall 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 urger 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 some, 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 32.50 of the Civil Code of the State of California. M 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 terns of the Contract or to the work to be performed themuoder 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, No Instrument has been duly executed by the above named Principal and Surety, on the3} th day of MAY , 2008. All American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N0. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818-409-2800 AGENT: 714-935-1112 Telephone QWEN X. BRQWNa ATTQANEYrSN�FACT Print Mame and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 15, 2008 before me, Brenda L Rooster. Notary Public Date Here Insert name and THIe of the Officer personally appeared Robert Bradley_ Name(tr}ef Sjgner(er Mato'" e"eal BRENDA L. ROYSTER Commission a 1700922 -� Notary Public - California Riverside County ' WComm.BVe50ct26,2010 + Place Nelary seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) istace subscribed to the within instrument and acknowledged to me that he/she" executed the same in hislher4heir authorized capacity(4es), and that by his/herkheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my held and official OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document Title or Type of Document Labor and Materials Payment Bond — City of Newport Beach Document Date: May 13 2008 Number of Pages: Signer(s) Other Than Named Above: Owen M Brown Attorney -In -Fact Capacity(ies) Claimed by Signer(e) Signer's Name: Robert Bradley o Individual X Corporate Officer—Title(s): Vice President o Partner— c Limited o General o Attorney in Fact o Trustee o Other: Tap of thumb here Signer's Name: o Individual o Corporate Officer— o Partner— o Limited o Attorney inFact' o Trustee 7 o Other: / Signer is Representing: I I Sjdner is Representing: Top of thwob here cauwn41A ALL411IMPAMM ACKNOw AMIGNE r =t:�.Rr��,jrx�.^�.^.�^` u::Hc�.;r*�-.�r�cAe. .^�s�'r..=^�^.�.�._,_,v�[,:�s`.--�:•�^�r-. r.�:w�crr-.'R�.:�xcx.^.�. State of Cali(mrda On 5-13-08 before ni% BARBARA J. BENDER, NOTARY PUBLIC o.r personally appeared OWEN M. BROWN BARBARA J. BENDER Commission # 1494946 Notary Pubib - California -i0orange county - My Comm. ExpUes Jul 13, 2008 �( A BARBARAJ. BENDER Commission # 1494946 Not®yPr/JBc-Cal(oaria Categy � Corm. brpins•Jri 13, 2oDBp piety mysIdAb . who proved to me on the basis of satisfactory evidence to be't o pefsortW whose name(s) iafm subscribed to the within instrument and acknaNedged to me that heMOW vowled to Sams In hiaillodk air aulhorued capacky(ka), and that by hieUdW soxittfno) on the inafrtanerrt Bre person(44, or the entity upon behalf of which the person(!) ailed, eliewled the kwhirrierd. OPTKML rhmoarsftanaaonbelow isnot mgrirsdbyAMitnxVpwWjakmWtopwwrrerafy Van arsdaowW# and oosldpm xiodwoloamienit- TWear-ppeofDocurnert TWe ar-p pe of D PAYMENT BOND NO. 089 03 514 Document Date: 5-13-08 1 NunrberofPages: TWO. (Z) Signers) 0OW T M Nerved Abri: ALL AMICAN e4 B a CaPedl9(fss) Ciairrted by (s) mets blame: OWN M. BROWN ❑ bdtvidifei ❑ Corporateodker—Thaws ❑ Parbrer—❑ Lirded ❑ General Mktforney in Fact ❑ 7111stee, Top aex.mhem ❑ Guardian or Conservator ❑ 0"r- Signer is aepresentiry EMMITY AND 111p5IT CAMPANY OF MARYLAND Signets tJarrre: ❑ UblvkkW ❑ Corporate o8ioar—TBIe(s): ,Si; —❑ LimitBd ❑ Genesi . ❑ Att ney In Fact ❑ itustes top m e..w hem ❑ Guardian or Conservator 0 Signer Is Representing osooirrmmeirmr�seoarm•e•sooe6alolq�..PRaacala¢•LTMblurl,ca9i9ts2+ae-wr78�leN1�1}ae asn� R�oltlerwWM9aaiaooa7amx� • 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and o act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act hld al takings, and the execution of such bonds or undertakings in pursuan on said Company, as fully and amply, to all intents and purposes, as if xe t ged by the regularly elected officers of the Company at its office in Ba ' rB eur s power of attorney revokes that issued on behalf of Owen M. BROMN a marvdTn The said Assistant 6bi Section 2, of the By-Im WITNESS V affixed the Corporate December, A.D. 2004. ATTEST: hat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. PrOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland 1 ss. City of Baltimore f . FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instnunent, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. \\111i111I1+,� C C 9" I��I/illllll\11`� Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012-4160 • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 13th day of MAY , 2008 Assistant Secretary Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: May 14, 2008 Dept./Contact Received From: Shauna Oyler Date Completed: May 14, 2008 Sent to: Shauna Oyler By: Tara Hemmingsen Company/Person required to have certificate: All American Asphalt II. GENERAL LIABILITY A. INSURANCE COMPANY: Arch Specialty Insurance Co. B. AM BEST RATING (A VII or greater) A+ XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $t M or greater): What is limit provided? $2 Mil agg / $1 Mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must N Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The N Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? ❑ No H. CAUTION! (Confirm that loss or liability of the named ❑ Yes N No insured is not limited solely by their negligence) Does endorsement include `solely by negligence' wording? I. 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. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Fire Insurance Co. B. AM BEST RATING (A: VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): $1 Mil What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its N Yes ❑ No officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA ❑ 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. 0 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Seabright Ins. Co. B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory A -:IX • D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No WCM OF NEWPORT BIM4 BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 04/30/2009 SERVICE ADDRESS: ALL AMERICAN ASPHALT 400 8 6TH ST CORONA CA 92878 \ ;`., BUSINESS CATEGORY: HIGHWAY & STREET CONSTRUCTION ACCOUNTNUMBER: BT00007128 OWNER/PRINCIPAL NAME: ALL AMERICAN ASPHALT OWNERSHIP TYPE: CORPORATION TAX INCLUDES PAYMENT FOR: 1.00 EMPLOYEES SELLERS PERMIT: NO SELLERS PZRMdk 'if DATE OF ISSUE: 05/02/1980 PRINT DATE: 04/30/2008 I,ti�iT�^ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BIRCH STREET PAVEMENT REHABILITATION FROM BRISTOL STREET NORTH TO MACARUTHUR BOULEVARD STPL-5151 (022) CONTRACT NO. 3792 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3792 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Ei b�aan 65k+ Wwh4u Iwo Dollars -7 and ero Cents $ lZRqZ 00 Per Lump Sum 2. Lump Sum Traffic Control T�m'Ey 6gtd-`ftiousa� Four. @16mr)rrdJ Two Dollars 7 and Cents $ .d0 Per Lump Sum 3. 2 Each Advisory Signs @ Eiut-J T %rt Dollars and Cents $ 5,21Z00 $ )ionto Per Each Zero PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Construction Surve ing s,„ Q„ lkeuso_hd @�m4jn& Dollars and 2e� O Cents $ 7 04S 00 Per Lump Sum 5. 7 Each Remove Existing Tree @ �ix &"1Wkykk Dollars and Z,y_0 Cents $ ,150 $ 7 ,iiO Per Each 6. 7,500 S.F. Remove Existing PCC. Sidewalk @ 1W 0 Dollars and Ut4U a��. —Cents $ a, r7y Per Squa a Foot 7. 25 Each Remove Existing Pullbox/Water Meter Box @-V uA4UDollars �O and Cents $ ,DD $ as6d Per Each 8. 1,000 L.F. Remove and Reconstruct Existing Curb and Gutter @Tu>!Y �1 Dollars 7 and rD Cents $r%a ,00 $rla 7 Per Lineal Foot 9. 12 Each Construct Sidewalk &cess Ramp Two -[c,ow"dP @ 01A � uxAyj Dollars —7 and ¢!"o Cents $ D $ Z;Q Per Each PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10, 7,500 S.F. Construct 4" PCC Sidewalk @ W O Dollars and el Ntt't,L Cents $ 2,95_ $ 75.E Pe quare Foot 11. 1,500 S.F. Remove and Reconstruct Existing PCC Drive Apron @ Aha Dollars and Cents $ 9,9D $ IV d5o.0� Per Squaile Foot 12. 800 S.F. Remove and Reconstruct Existing PCC Cross Gutter @ -TWLLv@, Dollars and (.4 a Cents $ /a. 757 $�a 0 D� Per Squarb Foot 13. 710 S.F. Remove and Reconstruct Existing PCC Drive Apron and Sidewalk per Detail @ Aa Dollars and Cents r74YE, Per Squ a Foot 14. 71,700 S.F. Cold Mill/Grind Existing AC Pavement per Detail @ ``ze'ro Dollars �WLLVL —Cents $ (oD�l.a0 Per Square Foot PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 800 S.F. Cold Mill/Grind Existing AC Pavement (17) @ [,7t-ro Dollars and I wljy . Cents $. rp $ 91a. OD Per Square Foot , 16. 8,250 S.F. Remove Existing Pavement Section (6" Min) @ 8f 11t- Dollars and Cents $ 3,50 $ Per Squire Foot 17. 475 Tons Construct 6" Full Depth AC Pavement Section @ Dollars and Cents $ $ 0 Per Ton 18. 3.500 Tons Construct 2" AHRM Overlay @ Dollars A and $ 8S, SO $ 99 D.OD Per Ton 19. 5 Each Install New Water Meter Box to Grade -T&414 r @ dna (i'wlf�rtd lU n Dollars 7 _ and Cents $ la s o o $ Per Each 20. 20 Each Install New Pullbox to Grade @ bm4uh(Sr0O7Wt+� Dollars �J and C-P.►'i) Cents $DO $ Per Each • PR5of6 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 21. 5 Each Adjust Water Valve Covers to Grade @T"9,Md i Dollars and Cents $ a? 0.00 $ I�pO Per Each 22. 3 Each Adjust Sewer/Storm Drain Manholes toPra e @ VA- Dollars and - Cents $ 0 $ Per Each 23. Lump Sum Signing an-dd Striping @lk ,SiJW ous I Dollars and Z_A r Cents $ JLDMA Per Lump Sum 24. Lump Sum Remove and Replace Traffic Signal Loop Detectors (Bristol 5trNort�T b / @ Dollars and �P.rO Cents $ 9,Q10. dD� Per Lump Sum 25. Lump Sum Remove and Replace Traffic Signal Loop Detectors (Quail Street), six +�pu5 @1�iu�rtp� $�Xl Dollars and 'Cents $ Lump Sum • • i ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. Lump Sum Remove and Replace Traffic Signal Loop Detectors (Dove Street) S,y!t ,,US0_V1 i seam 0WmAn4 %` h Dollars and Cents Per Lump Sum 27. Lump Sum Remove and Replace Traffic Signal Loop Detectors (MacArthur Boulevard Two o._air� @ �-r_jDollars and 7—y–o Cents Per Lump Sum 28. Lump Sum As Built Plans @r%vf & !MN Fi'LDollars and Cents Per Lump Sum $ $5149 -,Do TOTAL PRICE INWRITTENWORDS (1 'I i, l r Wia tr1Asud Six /1i drd Am Dollars and _Cents /4"C=�WT Date Bidder's Telephone arid Fax Numbers ocotn3 A , C-1 a Bidder's License No(s). and Classification(s) $ (�05; 1#09,60 Total Price (Figures) 1�J1 �lmeri�Ln A�ha.l-� Bidder Bid Aood Sijnatu t<�Cyr 1Crs� ((FYYY Qo-P)Dx aa -A a)rDnCA CA q aY tf Bidder's Address i PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BIRCH STREET PAVEMENT REHABILITATION BRISTOL STREET NORTH TO MACARTHUR BOULEVARD STPL-5151 (022) CONTRACT NO. 3792 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 2-9 SURVEYING 1 2-9.3 Survey Service 1 2-9.6 Survey Monuments 2 2-12 FEDERAL REQUIREMENTS 2 2-12.1 Award and Execution of Contact 2 2-12.2 Labor Nondiscrimination 3 2-12.3 Prevailing wage 4 2-12.4 Removal of Asbestos and Hazardous Substances 4 2-12.5 Subcontractor and DBE Records 5 2-12.6 DBE Certification Status 5 2-12.7 Performance of DBE Subcontractors and Suppliers 6 2-12.8 Subcontracting 6 2-12.9 Prompt Progress Payment to Subcontractors 6 2-12.10 Prompt Payment of Funds Withheld to Subcontractors 7 SECTION 3 CHANGES IN WORK 7 3-3 EXTRA WORK 7 3-3.2 Payment 7 3-3.2.3 Markup 7 SECTION 4 CONTROL OF MATERIALS 8 4-1 MATERIALS AND WORKMANSHIP 8 4-1.3 Inspection Requirements 8 4-1.3.4 Inspection and Testing 8 0 • SECTION 5 UTILITIES 8 5-1 LOCATION 8 5-2 PROTECTION 8 5-7 ADJUSTMENTS TO GRADE 8 5-8 SALVAGED MATERIALS 9 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 9 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 9 6-7 TIME OF COMPLETION 10 6-7.1 General 10 6-7.2 Working Days 10 6-7.4 Working Hours 11 6-9 LIQUIDATED DAMAGES 10 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 10 7-7 COOPERATION AND COLLATERAL WORK 10 7-8 PROJECT SITE MAINTENANCE 11 7-8.5 Temporary Light, Power and Water 11 7-8.5.1 Steel Plates 11 7-8.6 Water Pollution Control 11 7-8.6.1 Best Management Practices and Monitoring Program 11 7-10 PUBLIC CONVENIENCE AND SAFETY 12 7-10.1 Traffic and Access 12 7-10.2 Storage of Equipment and Materials in Public Streets 12 7-10.3 Street Closures, Detours, Barricades 12 7-10.4 Public Safety 13 7-10.4.1 Safety Orders 13 7-10.5 "No Parking" Signs 14 7-10.7 Notice to Businesses 14 7-15 CONTRACTOR'S LICENSES 14 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 15 0 0. SECTION 9 MEASUREMENT AND PAYMENT 15 9-3 PAYMENT 15 9-3.1 General 15 9-3.2 Partial and Final Payment 19 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 19 201-1 PORTLAND CEMENT CONCRETE 19 201-1.1.2 Concrete Specified by Class 19 201-2 REINFORCEMENT FOR CONCRETE 19 201-2.2.1 Reinforcing Steel 19 SECTION 214 PAVEMENT MARKERS 19 214-4 NONREFLECTIVE PAVEMENT MARKERS 19 214-5 REFLECTIVE PAVEMENT MARKERS 19 SECTION 215 ADVISORY SIGNS 20 215-1 General 20 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 20 300-1 CLEARING AND GRUBBING 20 300-1.3 Removal and Disposal of Materials 20 300-1.3.1 General 20 300-1.3.2 Requirements 20 300-1.5 Solid Waste Diversion 20 SECTION 302 ROADWAY SURFACING 21 302-5 ASPHALT CONCRETE PAVEMENT 21 302-5.1 General 21 302-5.4 Tack Coat 21 302-5 PORTLAND CEMENT CONCRETE PAVEMENT 21 302-6.6 Curing 21 9 1] SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 21 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 21 303-5.1 Requirements 21 303-5.1.1 General 21 303-5.5 Finishing 22 303-5.5.1 General 22 303-5.5.2 Curb 22 303-5.5.4 Gutter 22 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 22 307-4 TRAFFIC SIGNAL CONSTRUCTION 22 307-4.9.3 Inductive Loops 22 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 22 308-1 GENERAL 22 SECTION 310 PAINTING 23 310-5 PAINTING VARIOUS SURFACES 23 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 23 310-5.6.5 Preparation of Existing Surface 23 310-5.6.7 Layout, Alignment and Spotting 23 310-5.6.8 Application of Paint 24 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 24 312-1 PLACEMENT 24 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 25 400-2 UNTREATED BASE MATERIAL 25 400-2.1 General 25 400-2.1.1 Requirements 25 • PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 25 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS — WET PROCESS 25 600-2.1 Asphalt -Rubber 25 600-2.1.1 General 25 600-2-6 Asphalt -Rubber Hot Mix Gap -Graded 25 600-2.6.3 Rolling 25 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer 25 Appendix A Advisory Sign Detail City of Newport Beach Std. -Il 81-L f1userslpbvAsharedkontractslty 07-085birch street rehab o-3792lspecs index c-3792.doc SP 1 OF 25 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BIRCH STREET PAVEMENT REHABILITATION L, FROM BRISTOL STREET NORTH TO MACARTHUR BOULEVARD STPL-5151 (022) CONTRACT NO. 3792 INTRODUCTION L All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -5910-S; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (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 and reconstructing roadway, driveway approaches, curb access ramps, curb and gutter; placing full depth asphalt pavement replacement section, cold milling existing asphalt pavement and placement of asphalt overlay; and perform other appurtenant and incidental items of work as required to complete the work in place." 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilizelfollow the existing City survey records used for the project design to provide all construction survey services that are required to construct the SP2OF25 improvements. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2-12 FEDERAL REQUIREMENTS 2-12.1 Award and Execution of Contract The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. Bid protests are to be delivered to the following address: 3300 Newport Blvd. Newport Beach, CA 92663 Public Works Department The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the address listed above. A "LOCAL AGENCY BIDDER - DBE INFORMATION" form will be included in the contract documents to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. 0 r SP3O1`25 The successful bidder's "LOCAL AGENCY BIDDER - DBE INFORMATION" form should include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies. The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement. The "LOCAL AGENCY'S BIDDER - DBE INFORMATION" form should be completed and returned to the Agency by the successful bidder with the executed contract and contract bonds. A "Payee Data Record" form will be included in the contract documents to be executed by the successful bidder. The purpose of the form is to facilitate the collection of taxpayer identification data. The form shall be completed and returned to the Agency by the successful bidder with the executed contract and contract bonds. For the purposes of the form, payee shall be deemed to mean the successful bidder. The form is not to be completed for subcontractors or suppliers. Failure to complete and return the "Payee Data Record" form to the Agency as provided herein will result in the retention of 31 percent of payments due the contractor and penalties of up to $20,000. This retention of payments for failure to complete the "Payee Data Record" form is in addition to any other retention of payments due the Contractor. 2-12.2 Labor Nondiscrimination Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7- 1.01A(4), "Labor Discrimination," of the Caltrans Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications' set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. SP4OF25 2-12.3 Prevailing Wage This is a federally assisted construction contract and the higher of State of California or Federal prevailing wages must be paid to all workers employed on this project. Federal and State of California labor standard provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts, will be enforced. The current Federal and State prevailing wage rates under which the work is to be done is attached hereto and is available at the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. Updates to the general prevailing wage rates are available at web sites set forth in this section and shall be reviewed by the Contractor prior to submitting a bid for this work. In the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.html) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at hfto://www.dir.ca.gov/DLSR/PWD/index.htm ), the higher of the two will prevail. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage decision. Please note that pursuant to applicable provisions of the Labor Code of the State of California and the Davis -Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of worker needed to execute the work contemplated under this agreement, shall be paid to all workers employed on the work to be done according to this contract by the Contractor or any Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. The Contractor shall be required to post at the job site the prevailing per diem wages. 2-12.4 Removal of Asbestos and Hazardous Substances When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, 'Right of Way Delays," of the Caltrans Standard Specifications. SP5OF25 2-12.5 Subcontractor and DBE Records The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM -2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. . The amount of $10,000 will be withheld from payment until a satisfactory form is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the Contactor may count only the fee or commission the DBE receives as a result of the lease arrangement. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month. This documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM -2404(F). 2-12.6 DBE Certification Status If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM -2403(F) indicating the DBEs' existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. i 0 SP6OF25 2-12.7 Performance of DBE Subcontractors and Suppliers The subcontractors listed by the Contractor in conformance with Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Caltrans Standard Specifications, shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. The Contractor should notify the Engineer in writing of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work. 2-12.8 Subcontracting Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the Caltrans Standard Specifications and these special provisions. The provisions in the third paragraph of Section 8-1.01, "Subcontracting," of the Caltrans Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price, is not changed by the Federal Aid requirement specified under 'Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the 'Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: htti):/Iwww.dir.ca.gov/DLSE/Debar.htmI 2-12.9 Prompt Progress Payment to Subcontractors A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take SP 7 OF 25 place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE subcontractors. 2-12.10 Prompt Payment of Funds Withheld to Subcontractors The agency shall hold retention from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retention to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. 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. SP8OF25 (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. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "In the event that an existing pullbox 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 replace and adjust to finish grade City -owned water meter boxes, pullboxes, and water valve covers. New water valve covers shall conform to City STD -508-L. Existing sewer and storm drain manhole rings and covers shall be adjusted to finish grade The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and other utility facilities to have any SP9OF25 affected existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewerlstorm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718-3402. SECTION 6 ---PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "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 the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 35 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th,the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half SP 10 OF 25 day), December 25`h (Christmas), and December 31st(NewYear'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 7:00 AM to 4:30 PM Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 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 $123.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within SP 11 OF 25 the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718-3402." 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." 7-8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at htto://www.citv.newoort- beach. ca. us/ou bworks/I inks. htm." 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 including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. SP 12 OF 25 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. 'Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, I nc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to 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 or roads 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. Traffic control plans shall be prepared, signed, and sealed by a California licensed Traffic Engineer and conform to the 0 i SP 13 OF 25 provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detour plans shall meet the following requirements: 1. Access to all side streets shall be maintained at all times, unless otherwise approved in advance (48 hours minimum notice required) by the Engineer. 2. The Contractor shall not close more than one (1) traffic lane in either travel direction before 8:30 AM or after 3:30 PM on workdays. 3 Emergency vehicle access shall be maintained at all times. 4. The locations, conditions, 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. 5. All advanced warning sign installations shall be reflectorized and/or lighted. 6. Access shall be maintained to each property at all times. No more than one driveway to any property shall be closed at one time, without prior approval by the Engineer and notification to the Owner. 7. At the intersection of Birch Street and Bristol Street North, the Contractor shall maintain at least one right turn lane onto Bristol Street North between 9:00 AM and 3:00 PM Monday through Friday, and at least two right turn lanes at all other times. 8. At the intersection of Birch Street and MacArthur Boulevard, the Contractor shall maintain one left turn lane onto MacArthur Boulevard between 9:00 AM and 3:00 PM Monday through Friday, and all left turn lanes at all other times. 9. Contractor shall submit the proposed phasing of construction at the intersections of Bristol Street North, Quail Street, Dove Street, and MacArthur Boulevard to the Engineer for approval. 10. Dove Street or Quail Street may be closed with an approved detour plan. The closure of both streets at the same time is not allowed. 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 SP 14 OF 25 all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The 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. 7-10.7 Notices to Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the businesses 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 an "A" 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. SP 15 OF 25 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 kept up-to-date, and submitted for review by the Engineer at the time each progress bill is submitted. The "As -Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work, and no additional payment shall be made therefore. 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, preparing the SWPPP or BMP Plan, preparing the 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 businesses and/or residents. In addition, this item includes submitting for approval traffic control plans prepared, signed, and sealed 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 (latest edition), and City of Newport Beach Requirements. Item No. 3 Advisory Signs: Work under this item shall include the fabrication, placement, maintenance and removal of two (2) advisory signs placed outside of the SP 16 OF 25 work limits on Birch Street in each traffic flow direction. Size of the sign, lettering size, and other information to be displayed on the sign will be as directed by the Engineer. See Appendix A for a sample sign. In addition, this item shall include four (4) digital message boards to be installed adjacent to the work area for the duration of the project as directed by the Engineer. Item No. 4 Construction Surveying: Work under this item shall include the cost of construction staking, establishing preliminary and final grades, centerline ties, all horizontal alignment, survey well monument adjustment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item No. 5 Remove Existing Tree: Work under this item shall include removal and disposal of trees as noted on the plan, including the complete removal and disposition of all roots larger than 1 inch in diameter, and other organic material, and shall include furnishing all labor, tools, equipment and materials necessary to remove trees complete and in place. Item No. 6 Remove Existing P.C.C. Sidewalk: Work under this item shall include removal and disposal of existing 4" PCC sidewalk, access ramps, and subgrade material as shown on the plans and as directed by the Engineer, and as necessary to allow construction of new sidewalk, and all other work items as required to complete the work in place. Item No. 7 Remove Existing Pullbox/Water Meter Box: Work under this item shall include removal and disposal of all City owned pullboxes and water meter boxes within the limits of new sidewalk construction and as directed by the Engineer. Work shall include protection in place of existing facilities within pullboxes and water meters in advance of installing new pullboxes and meter boxes, and all other work items as required to complete the work in place. Item No. 8 Remove and Reconstruct Existing Curb and Gutter: Work under this item shall include removing existing curb and gutter, subgrade compaction, constructing curb openings for existing curb drains, constructing P.C.C. curb and gutter (variable curb height per plans), 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 24 inches, in accordance with City STD -182-L. Item No. 9 Construct Sidewalk Access Ramp: Work under this item shall include construction of new sidewalk access ramps per City Standard Plan No. STD -181-L. Refer to Appendix B for Curb Access Ramp Standard Drawings. Raised truncated domes shall be dark -gray colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or City approved equal, and all other work items as required to complete the work in place. This item shall be in addition to Item No. 8. SP 17 OF 25 Item No. 10 Construct 4" Thick P.C.C. Sidewalk: Work under this item shall include subgrade compaction, constructing 4 -inch thick P.C.C. sidewalk to the limits shown on the Plans, and as directed by the Engineer, and all other work items as required to complete the work in place. The pay quantity for this item shall include the square footage of sidewalk access ramps. Item No. 11 Remove and Construct P.C.C. Driveway Apron: Work under this item shall include removing existing P.C.C. drive aprons, subgrade preparation and compaction, placement and compaction of 4" crushed miscellaneous base material, and constructing new P.C.C. driveway aprons as shown on the plans and as directed by the Engineer and all other work items as required to complete the work in place. New driveway aprons shall conform to City STD -160-L unless otherwise directed by the Engineer. Item No. 12 Remove and Construct P.C.C. Cross Gutter: Work under this item shall include removal of existing P.C.C. cross gutter, subgrade preparation and compaction, placing and compacting 4" crushed miscellaneous base, constructing 8 - inch thick P.C.C. cross gutter as shown on the plans and in conformance with City STD - 185 -L, and all other work items as required to complete the work in place. The pay quantity for this item shall be the square footage of new cross gutter constructed. Item No. 13 Remove and Construct P.C.C. Drive Apron and Sidewalk: Work under this item shall include removal of existing P.C.C. sidewalk and portion of existing P.C.0 drive apron as shown on the Plans and as directed by the Engineer, subgrade compaction, placing and compacting 4" crushed miscellaneous base underneath the drive apron, dowels, constructing 4 -inch thick P.C.C. sidewalk and 6" P.C.C. drive apron as shown on the plans, and all other work items as required to complete the work in place. Item No. 14 Cold Mill Asphalt Pavement per Detail: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 15 Cold Mill Asphalt Pavement (1"): Work under this item shall include cold milling the asphalt roadway to a 1 -inch minimum depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 16 Remove Existing Pavement Section (6" min.): Work under this item shall include sawcutting and removing existing asphalt concrete and base material to a minimum depth of 6 inches, at locations shown on the Plans, and as marked out in the field by the Engineer, and all other work items as required to complete the work in place. SP 18 OF 25 Item No. 17 Construct 6" Full Depth AC Pavement Section: Work under this item shall include subgrade compaction, constructing 6 -inch full depth asphalt pavement section and all other work items as required to complete the work in place, including an application of an approved weed kill herbicide, where directed by the Engineer. Item No. 18 Construct 2" Thick Rubberized Asphalt (AHRM) Pavement Overlay: Work under this item shall include constructing 2 -inch thick rubberized asphalt pavement overlay and all other work items as required to complete the work in place. Item No. 19 Install New Water Meter Box: Work under this item shall include furnishing and installing to finish grade new water meter boxes in advance of sidewalk and drive apron construction in accordance with City standard plans, and all other work items as required to complete the work in place. Item No. 20 Install New Pullbox: Work under this item shall include furnishing and installing to finish grade new traffic signal/street light pullboxes in advance of sidewalk and drive apron construction in accordance with City standard plans, and all other work items as required to complete the work in place. Item No. 21 Adjust Water Valve Cover to Grade: Work under this item shall include removal of existing water valve box covers, installing new covers in accordance with City STD -508-L, and adjusting to finish surface elevation all water valve frames and covers as shown on the Plans and all other work items as required to complete the work in place. Item No. 22 Adjust Sewer/Storm Drain Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 23 Signing and Striping: Work under this item shall include installing traffic striping, pavement markers, and curb painting and stenciled lettering as shown on an Exhibit to be provided to the Contractor by the City in accordance with Section 310-5.6.8 in these Special Provisions. For bidding purposes the following quantities are assumed: Red curb: 460 lineal feet Green curb: 51 lineal feet Yellow curb: 41 lineal feet and all other work items as required to complete the work in place. 0 0 SP 19 OF 25 Items No. 24-27 Remove and Construct Traffic Signal Loop Detectors: Work under these items shall include all labor and material to install and connect traffic detector loops into existing termination pull box and all other work as required to complete the work shown on the plans and these Specifications. The Contractor shall notify the Engineer of deactivation of any existing loops one week prior to start of any work. Item No. 28 Provide As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These plans must be kept up to date and submitted to the engineer for review prior to monthly pay request. 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." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: `Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." SECTION 215 --- ADVISORY SIGNS 215-1 GENERAL SP 20 OF 25 Advisory signs shall conform to the detail in Appendix A herein. The sign supports may be fabricated with lumber. PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://www.city.newport-beach.ca.us/GSV/Frachised Haulers.htm." 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. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 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." Replace the words "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. SP 21 OF 25 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. Add to this section: `The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks '/-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. The top 1-Y2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 0 • SP 22 OF 25 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303-5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNALS 307-4 TRAFFIC SIGNAL CONSTRUCTION 307-4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -56 and shall be Type A or Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. 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 of 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. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. 1-1 • SP 23 OF 25 b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 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 an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. 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. SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic SP 24 OF 25 lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." The Contractor shall paint red/green/yellow curb markings on new curb as shown on an Exhibit to be provided to the Contractor by the City, and as directed by the Engineer. Green and yellow curbs will have stencil letters (i.e. "30 min. limit 7 AM -6 PM"), as shown on the Exhibit. SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 0 • SP 25 OF 25 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 ---ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials. PART 6 SECTION 600 ---MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2.1 Asphalt -Rubber 600-2.1.1 General. Add to this section: "Asphalt -rubber shall be type B." 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 600-2.6.3 Rolling. Add to this section: "Asphalt -Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self-propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand-by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 6, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer. Add to this section: "Asphalt -rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project." 0 0 7., :1V An tax, IK 41 NO 0 r. .. .......... .. M, AOR ff, 7., :1V An tax, IK 41 NO 0 0 qw, 0 0 0 z �n m a a .9 U041 ssa� O a Q a Om Y_ P Z 3 O Y Y O O V p p U N z < g Q E f -m 08 K O Z H Y i f � ITL M � � o � E I O 4 � M O � c U CI K n �P O n� n e U W zy (�- z U 1r., m 0 9 Q Y O Om Y_ P Y i m y k�El U N z < O Q E f z 08 K O H Y N f � ITL / E I O 4 > c O n� e U tem a - N.n p P V ; Oot y�y Mi—O R'O70 m 0 9 a'YZd I ii I I XYZ s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CURB ACCESS RAMP DETAILS I 10 K Y O Om _ 3 2 �dY P Y a'YZd I ii I I XYZ s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CURB ACCESS RAMP DETAILS I 10 K Om Y i m y U N z < U O Q E f z 08 K O H Y N f � / E I O 4 c O n� e r RCE NO. 36106 DRAWING NO. STD -181 -L-A Y i m y U N z < U O -- O f , Y H Y N RCE NO. 36106 DRAWING NO. STD -181 -L-A Ah pl ' Variable _— See Nate 6 1 II I See Note 8 1 1 �a I 1 i a° t Tutt Ha e 1�go F CN See notes 9. 15 and 16 �/ m (4 in) Curb I i(loft) �J,); .•,• i I(4 ft I Varies II o ° Min. i F,, 11 'e j a c c 4' Mei.,.04 T II v ,cen ° ,° m o ro 5 3 �o Full Hai ht 11 Variable Curb Foce '4iC� Curb Foca 1DX 51 a Max. See note beloe iti c o °' ,�$•`Tb f•• LENGTH OF CURBTRANSITION "X' (TYPICAL) 4 y`g' z 8.338 Slope :4•'A':: Max. O� Curb height ronsitrf�'wn s 6' 5.0' mm. 8' 6.7" Min. O�c� "H" ________ .re oua CASE 9 Fo``.ta 6 H for 6 in Curb Face See notes 9, 15 and 16 lOX' VO4apc CYY (6 ft for 8 in Curb Foce See notes 9, 15 and 16 , CASE J CASE "L" �a Varies 5' Mel. � 2% MAX. I I -- See notes 9. 15 and 16 ! + } I Slope I 1 See Note 8 I See Note 8 in + 4 in C F, LL 0 4. + + y FULL HEIGHT e + + + � { y a � •5 m m (4 in) Wide Variable 9Y Height Retaining Curb r + v > —g�°1 C BCR tV + + + (4.25 in) (D in) C.F. + ! + •� •• ��,'�.: O in Curb Face Along F + + � + Access Ramp Landing See Note Ii I $df \ ' See notes 9, 15 and 16 _ ---�---' 2i� CASE „Kn �+r cF CASE "I" Top of romp 'Min Retaining curb waded -., Max. if necessary T a 33% Ma 8.33% Max 2% Max. SECTION A -A SECTION C -C NOTE: PLEASE SEE STD -181 -L -C FOR ALL NOTES. CI'T'Y OF NEWPORT BEACH APPROVED: PUBLIC WORKS DEPARTMENT RCE NO.36106 RLIC WORKS DIRECTOR CURB ACCESS RAMP Drawn: R.Okada Scale: N.T.S. DETAILS II Dow: 11/1-p5 ,ro gy=m. nPAWING NO. STD -1$1 -L -B NOTES 1. IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMODATE RAMP AND 4 ft. PLATFORM (LANDING) AS IN CASE A, THE SIDWALK MAY BE DEPRESSED LONGITUDINALLY AS IN CASE B OR C OR MAY BE WIDENED AS IN CASE D. 2. IF SIDEWALK 1S LESS THAN 6 ft. WIDE, THE FULL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN IN CASE C. 3. WHEN RAMP IS LOCATED IN CENTER OF CURB RETURN, CROSSWALK CONFIGURATION MUST BE SIMILAR TO THAT SHOWN FOR CASE E TO ACCOMMODATE WHEELCHAIRS. 4. FOR CASES F AND G, THE LONGITUDINAL PORTION OF THE SIDEWALK MAY NEED TO BE DEPRESSED AS SHOWN IN CASE B. 5. IF LOCATED ON A CURB THE SIDES OF THE RAMP NEED NOT BE PARALLEL, BUT THE MINIMUM MOTH OF THE RAMP SHALL BE 4 ft.. 6. TRANSITIONS FROM RAMPS TO WALKS, GUTTERS, OR STREETS SHALL BE FLUSH AND FREE OF ABRUPT CHANGES. 7. SIDEWALK AND RAMP THICKNESS, "T", SHALL BE 4 in. MINIMUM. 8. THE RAMP SHALL HAVE A 12 in. WIDE BORDER WITH 1/4 in. GROOVES APPROXIMATELY 3/4 in. ON CENTER. SEE GROOVING DETAIL. 9. WHEN DETECTABLE WARNING SURFACE IS NOT REQUIRED ON A CURB RAMP, THE CONCRETE FINISH OF THE RAMP AND ITS FLARED SIDES SHALL HAVE A TRANSVERSE BROOMED SURFACE TEXTURE ROUGHER THAN THE SURROUNDING SIDEWALK. 10. RAMP SIDE SLOPE VARIES UNIFORMLY FROM A MAXIMUM OF 10X AT CURB TO CONFORM WITH LONGITUDINAL SIDEWALK SLOPE ADJACENT TO TOP OF THE RAMP, EXCEPT IN CASE C. 11. UTILITY PULL BOXES, MANHOLES, VAULTS AND ALL OTHER UTILITY FACILITIES WITHIN THE BOUNDARIES OF THE CURB RAMP WILL BE RELOCATED OR ADJUSTED TO GRADE BY THE OWNER PRIOR TO, OR IN CONJUNCTION WITH, CURB RAMP CONSTRUCTION. 12. MAXIMUM SLOPES OF ADJOINING GUTTER, THE ROAD SURFACE IMMEDIATELY ADJACENT TO THE CURB RAMP AND CONTINUOUS PASSAGE TO THE CURB RAMP SHALL NOT EXCEED 5 PERCENT WITHIN 4 ft. OF THE TOP OR BOTTOM OF THE CURB RAMP. 13. CONCRETE SHALL BE 560—C-3250. 14. RETROFITS — WHEN A WHEELCHAIR RAMP IS ADDED TO AN EXISTING FACILITY, THE CHANGES ARE PERMITED: (A) RAMP GRADE IN CASE "C" MAT BE INCREASED TO 49. (B) OTHER RAMP GRADES MAYBE INCREASED TO A MAXIMUM OF 11.1% (NEVERTHELESS, THEY SHOULD BE AS FLAT AS FEASABLE. (C) WHERE THE 4 FOOT PLATFORM IS NOT FEASABLE, THE MOTH MAY BE DECREASED TO 3 FOOT. (D) THE PLATFORM MAYBE ELIMINATED IF THE GRADE DOES NOT EXCEED 8.33% 15. RASIED TRUNCATED DOMES SHALL BE DARK GREY 1N COLOR AND SHALL BE "TERRA PAVING" AS MANUFACTURED BY WAUSAU TILE, INC. OF WISCONSIN OR EQUAL. 16. DETECTABLE WARNING SURFACES SHALL EXTEND 36 INCHES MINIMUM IN THE DIRECTION OF TRAVEL AND THR FULL WIDTH OF THE CURB RAMP. NOTE: ADAPTED FROM CALTRANS CURRENT STANDARDS PLANS FOR UP—TO—DATE REQUIREMENTS. CITY OF NEWPORT BEACH APPROVED. PUBLIC WORKS DEPARTMENT CURB ACCESSRAMP RC.E.NO 36106 OF PUBLIC WORKS NO ! BATE 11/17/06 SCALE N.TS. TES DRAWN R. DKADA STD -181 -L -C TOP DIAMETER I-y---�� MIN. 50% of base MAX. 65% of base 5mm (0.2) T BASE DIAMETER 23mm MIN. (0.9") 36mm MAX. (1.4") RAISED TRUNCATED DOME 41mm (1.6") Min. 61mm (2.4") Max Center to Center spacing / \ 16mm (0.65") Min. Base To Base Spacing RAISED TRUNCATED DOME PATTERN IN-LINE See Notes 9, 15 and 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT APPROVED: RCE NO. 56106 PUBLIC WORKS DIROMR CURB ACCESS RAMP DETECTABLE WARNING SURFACE Dtawn: R.Okeda Scale: N.T.S. DRte: 1120D5 DRAWING NO. STD -181 -L -D CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. _ May 27, TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department anor+r Emmet Berkery 949-644-3311 or eberkery@city.newport-beach.ca.us r' � � ' 001 SUBJECT: Birch Street Rehabilitation -Award of Contract No. 3712 -" ' ' `°" Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3792 to All American Asphalt for the Total Bid Price of $609,609, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $60,000 to cover the cost of unforeseen work. Discussion: At 11:00 a.m. on May 6, 2008, the City Clerk opened and read the following bids for this project: The low total bid amount is 9.6 percent below the Engineer's Estimate of $674,390. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for the City of Newport Beach and other municipalities and agencies. The project location is along Birch Street from Bristol Street North to MacArthur Boulevard. This project includes the removal and reoonstruction of deteriorating curb and gutter, sidewalk, drive approaches, cross gutters, and sidewalk access ramps. It also includes cold milling of existing asphalt pavement, and overlaying the existing pavement section with rubberized asphalt. Pursuant to the Contract Specifications, the Contractor will have 35 consecutive working days to complete the work. BIDDER TOTAL BID AMOUNT Low All American Asphalt $609,609.00 2 R.J. Noble Company $627,107.75 3 Imperial Paving Co. $664,725.00 4 Sequel Contractors, Inc. $667,271.00 5 Elite Bobcat Services, Inc. $675,500.00 The low total bid amount is 9.6 percent below the Engineer's Estimate of $674,390. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for the City of Newport Beach and other municipalities and agencies. The project location is along Birch Street from Bristol Street North to MacArthur Boulevard. This project includes the removal and reoonstruction of deteriorating curb and gutter, sidewalk, drive approaches, cross gutters, and sidewalk access ramps. It also includes cold milling of existing asphalt pavement, and overlaying the existing pavement section with rubberized asphalt. Pursuant to the Contract Specifications, the Contractor will have 35 consecutive working days to complete the work. Birch Street Rehabilitation —Award of Contract No. 3792 May 27, 2008 Page: 2 Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical and Material Testing Services: In addition to the contract costs, approximately $15,000 in geotechnical and material testing services are projected to be needed for this project and will be performed under the on-call professional services agreement with Harrington Geotechnical Engineering. Fundina Availability: There are sufficient funds available in the following accounts for the project: Account Description Gas Tax Traffic Congestion Relief AHRP Proposed uses are as follows: Vendor All American Asphalt All American Asphalt Harrington Geotechnical Prepared by: Emmet Be ery Project Manager Attachment: Project Location Map Account Number 7181-05100830 7191-05100830 7285-C5100830 Total: Purpose Construction Contract Construction Contingency Materials Testing Total Submitted Amoun $ 256,009 $ 176,000 $ 252,600 $ 684,609 Amount $ 609,609 $ 60,000 $ 15,000 S 684,609 3n G. Badum Works Director BIRCH STREET PAVEMENT REHABILITATION PROJECT LOCATION CITY OF NEWPORT BEAC PUBLIC WORKS DEPARTMENT no n semi i .. �. �.... SHT 1