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HomeMy WebLinkAboutC-3815 - Bristol Street North Street Rehabilitation - Campus Drive to Jamboree RoadCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 7, 2008 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: Bristol Street North Street Rehabilitation County of Orange (C -3815) To Whom It May Concern: On May 27, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on May 15, 2007. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 088 53 329. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Stephen Luy, P.E. enclosure 3300 Newport Boulevard • Post OH3ce 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 EIRISTOL STREET NORTH STREET REHABILII ATIO FROM CAMPUS DRIVE TO JAMBOREE ROB 4D CONTRACT NO, 3515 EXECUTED IN FOUR (4) PARTS BOND NO. 088 53 329 FAITHFUL PERFORMANCE BOND The premium charges on this Bond are $ 2, 285.00 being at the rate 0 $ _ 4.25 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, Stah of California, by motion adopted, awarded to All American Asphalt, hereinafter designated as tie "Principal', a contract for Construction o1 BRISTOL STREET NORTH STREET REHABILITl,TION FROM CAMPUS DRIVE TO JAMBOREE ROAD, Contract No. 3815 in the City of riewport Beach, in strict conformity with the plans, drawings, specifications, and other Contract C ocumenis maintained in the Public Works Depanment of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREA4 Principal has executed or is about to execute Contract No. 3815 and the terms thereof requilre the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California as Sur (hereinafter "Surety"), are held and firmly bound unto the Cfty of Newport .Beach, in the surd of Ftvo Hundred Thirty -Seven Thousand, Five Hundred Thirty -Seven Hundred Dollars nd 001100 ($537,537.00) lawful money of the United States of America, said sum being equal 100% of the estimated amount of the Contract, U i be paid to the City of Newport Beach, ' successors, and assigns; for which payment well and truly to be made, we bind ourselves, o r heirs, executors and administrators, successors,.. or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH. that if the Pr ncipal, or the Principal's heirs, executors, a�lminlstrators, successors, or assigns, fail to abide by, and well and truly keep and perform any Ior all the work, covenants, conditions, and agreements in the Contract Documents and ashy alteration thereof made as therein provided on i-s part, to be kept and performed at the tirhe and in the manner therein specified, and in all respi tots according to its true intent and meaningl or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employes and agents, as therein stipulated, then, Surety Y-111 faithfully perform the same, in an amou rft not exceeding the sum specked in this Bond; other vise this obligation shall become null and v4d. 08 As a part df the obligation secured hereby, and In addition to the face amount specified in this Performance! Bond, there shall be Included costs and reasona ale expenses and fees, including reasonable attorneys fees, incurred by the City, only in the evont the City is required to bring an action in f w or equity against Surety to enforce the obligations c •f this Bond. Surety, fod value received, stipulates and agrees that no cNinge, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect Its obligations on this Bond, and it does hereW waive notice of any s4ch change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintain 3d by the Principal in full force and effect to( one (1) year following the date of formal acceptance c r the Project by" City. I In the evetht that the Principal executed this bond as an individ jai, It is agreed that the death of any such Principal shall not exonerate the Surety from Its obligat ons under this Bond. IN WITNE�S WHEREOF, this instrument has been duly exaculed by the Principal and Surety above named, on the 6th day of November , 2000, ALL A M ICAN AS T All American Asph, k (Principal) FIDELITY AND 116QSIT COMPANY OF MA$YLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818,409 =2800 AGENT: 714- 93541112 Telephone OWEN M. BROWN, ATTORNET�IN -FACT Print Name and Title F:1UsQm'P8MSharedlconjraot WY 06- MBRISTOL ST REHAB 038181CONTRACT C•3815400 Yf-] VncrcEw.0 CALIFORNIA ALL - PURPOSE ACK"IOWLEDGMENT State of California County of Riverside Ss. On November 7. 2006 before me, Debbie A. Matsen. Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley NameW of Signer DEBBIE A. MATSEN Commission # 1452589 4-110MYComm. Notary Public . California Riverside County Expires Nov 22, 2007 OPTIONAL X personally known to me to be the persona) whose nameA islara•subscribed to the within instrument and acknowledged to me that he/eheRhey executed the same in hislhegheir authorized capacty(ies), and that by hislheHtpeir signatureA on the instrument the person or, the entity upon behalf of which the personA acted, executed the instrument. WITNESS my hand and official seal, �Irc6d� o. ` Signatutf re of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Faithful Performance Bond. City of Newport Beach Document Date: November 6, 2006 Signer(A) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Title($): Vice President _Partner- _Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Number of Pages: 2 Top of thumb here suftdcaltmnia has. ommwd ORANGE on 11 -6-06 gym_ BARBARA d. BsDDBR POOR* am �.,ne.rOhhwrlea,oe.hr�lmrvurn OWED M. BROWN mmmospow 1 BARBARAJ. BENDER L Commission # 1494946 a Notary R bk • COBtomio mD County b be 01e pomor (8) wfmse 1mnlE * ktm tWyComm. Expires Jul 13, 2 9d to do whM irremmod so adwoMectaWlbaw the f ftd the S� In, hiwb~ stdbodmd capnh3gt W. mnh 81St by . IhhmmmhiC slonm5s"as the iawi ainelht to pohoah(te), or upon bduff of which ore peon KSI OPTKWML '7 6wp01belA�Ih IAY�pHEdlflraotl�Q/6BG16p6MG R�4gpu� N1u�lYbpllfipes q�ml�r A>l9RMltamdtaf�/P�t 67� 1A11011YIldl�i111hf d/� bi11 bssoL�erdoaNSSSt Deopipt m of AtkichWDoewswu r 7ftorl%wofDmm t PERFORWCE BOND NO. 088 53 329 Domww*Daft 114..06 kwltlwdpftm TWO CZ) - SWwwWojbwWmtjmwdAbgm ALL AMERICAN ASPHALT .W s as o a mBr- 7tlow: _ d Pon wi —O Wbad 13 So mnt 13 Tmfte El Gwrd rl orCoraw dw F] Othw sbw is gnpreBadng FIDELITY ADD DEPOSIT CO"Pmff . OF. MARYLAND oWNYrtt/ IMM/ �•r hb0u6b1 M. PA.ic7�.CCd�MREAIpAilli•w�Ybqu� ie4�mlT IYa,6iQM700nf6riiln 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 V1, 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 dat a 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 E a kings, and the execution of such bonds or undertakings in pursuan s n said Company, as fully and amply, to all intents and purposes, as if th xe ged by the regularly elected officers of the Company at its office in Bali' q!r vid)I eir r rsehiS. his power of attorney revokes that issued on behalf of Owen M. BA at r'uilrvd } The said Assistant'SE Section 2, of the By- IN WITNESS WIV affixed the Corporate December, A.D. 2004. ATTEST: 'gyp DpEP,pa`+ y � W t• � •e a 4'I.m Ottlfy-Ihat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. RSOF, 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 i ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND g Z), 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 Stale 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. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POAT 012 -4160 SftAE r� i�� y�hl lG, ;E•�' i✓ 4r�giir P "��•` ii Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POAT 012 -4160 This Document w electronically recorded by • dWert Mail A 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 liliIItillEloill1 Mil NO FEE 2007000314014 10:45am 05115/07 122A 49 N121 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 November 14, 2006. Said Contract set forth certain improvements, as follows: Bristol Street North Rehabilitation from Campus Drive to Jamboree Road (C -3815) Work on said Contract was completed, and was found to be acceptable on May 8. 2007, 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. Korks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on cf gZ 00 % at Newport Beach, California. V�i 61 BY U le / • /�i j�.� City Clerk cv. 0 Vj i • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. to May 8, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 - 644 -3311 or sluy@city.newport- beach.ca.us SUBJECT: BRISTOL STREET NORTH REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3815 RECOMMENDATIONS: 1. Accept the work. 2. 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. 3. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On October 10, 2006, the Newport Beach City Council approved an agreement with the County of Orange to add resurfacing of County owned portions of the intersection at Bristol Street North and Campus Drive to the Bristol Street North Rehabilitation Project. The County agreed to pay up to $58,000, plus a 10% contingency cost, as its share of costs for construction in and around the intersection of Bristol Street North and Campus Drive. The. City also received a grant through the Arterial Highway Rehabilitation Program (AHRP), federal funds administered through CalTrans, up to a maximum of $163,260 for construction on Bristol Street North. On November 14, 2006, the City Council awarded Bristol Street North Rehabilitation, Contract No. 3815, to All American Asphalt for the total contract bid price of $537,487. Council also approved a Budget Amendment appropriating $58,000 representing the above mentioned contribution from the County of Orange for work around the intersection of Bristol Street and Campus Drive. This project consisted of removing and reconstructing roadway, driveway approaches, curb access ramps, curb and gutter; placing asphalt base course, grinding and placement of asphalt overlay; and other • incidental items of work. Bristol Sheet North Rehabalweirom Campus Drive to Jarrdwree Road — Compiet(Od Acceptance of Contract No. 3815 May 8, 2007 Page: 2 The contract has now been completed to the satisfaction of the Public Works • Department and that portion of work in the County of Orange has been approved to the County's satisfaction. As soon as the City receives confirmation of the recordation of the Notice of Completion, staff will invoice the County for funding reimbursement. The Contractor was allowed 40 working days for completion of work and completed the project in approximately 35 working days. A summary of the contract cost is as follows: Original bid amount: $537,487.00 Quantity extras $ 21,348.67 One change order. $ 14.617.01 Final contract cost: $573,452.68 One change order, in the amount of $14,617.01, was approved for additional irrigation modifications, traffic striping, cold milling, asphalt, curb and gutter, sidewalk, access ramps and the installation of a temporary fence. Quantities were adjusted in the field to meet actual conditions. Funding for the extra costs will come from the project contingency. The final construction cost, including the change order and quantity extras, was $573,452.68, which is 6.7 percent over the original bid amount. Other Project Costs: In addition to the primary construction contract, this project involved other project • expenses from the following funding sources, Bristol Street Relinquishment Fund, Arterial Highway Rehabilitation Program, County of Orange contribution. Total project expenses are summarized as follows: Construction $573,452.68 Construction Inspection $ 1,800.68 Geotechnical Materials Testing $ 9,450.00 Incidentals $ 1.082.13 Total Project Cost $585,785.49 Environmental Review: This project qualified for a Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the Implementing Guidelines of the California Environmental Quality Act. This exemption permits minor alterations to exiting public and private structures that involve negligible expansion of use. Existing drainage patterns, hydraulic flow, and flood control were not impacted and the site had no sensitive vegetation. • Bristol Street North Rehabilitation from Campus Drive to Jamboree Road — Completion Acceptance of contract No. 3815 May 8, 2007 Page: 3 • Funding Availability: Funds were encumbered from the following accounts to pay for construction: Account Description Bristol Street Relinquishment County Contribution AHRP Funds Prepared by: Stephen J. Luy, PE Project Manager 11 • Account Number 7253- C5100875 7251- C5100875 7285- C5100875 Total: Submitted by: Amount $447,128.29 $29,047.77 $109,609.43 $585,785.49 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 9, 2007 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3815) Bristol Street North Rehabilitation from Campus Drive to Jamboree Road Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, /1 LaVonne M. Harkless, MMC City Clerk Encls. 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 November 14, 2006. Said Contract set forth certain improvements, as follows: Bristol Street North Rehabilitation from Campus Drive to Jamboree Road (C -3815) Work on said Contract was completed, and was found to be acceptable on May 8, 2007, 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. Korks Director Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on e E o 7 at Newport Beach, California. • • CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK 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 31st day of October 2006, at which time such bids shall be opened and read for BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD Title of Project STPL -5151 (020) Contract No. 3815 $ 642,000 Engineer's Estimate ien G. Badum Works Director PLAN HOLDER LIST AVAILABLE ON CITY W EBSITE http://www.city.newoort beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding 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 Genera! "A" Contractor License Classification required for this project For further information, call Stephen Luy, Project Enaineer at (949) 644 -3330 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO. 3815 TABLE OF CONTENTS NOTICE INVITING BIDS ..................................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ................................................................... ..............................3 BIDDER'S BOND .......................................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ................................................. ..............................6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ......................... ..............................7 PUBLICCONTRACT CODE ......................................................................... ..............................8 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .................... ..............................8 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ............... ..............................8 PUBLIC CONTRACT CODE 10232 STATEMENT ....................................... ..............................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ......................... .............................10 NON - COLLUSION AFFIDAVIT .................................................................... .............................14 DESIGNATION OF SURETIES ................................................................... .............................15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ..............16 ACKNOWLEDGEMENT OF ADDENDA ...................................................... .............................18 INFORMATION REQUIRED OF BIDDER .................................................... .............................19 DEBARMENT AND SUSPENSION CERTIFICATION ................................. .............................22 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS ...... .............................23 DISCLOSURE OF LOBBYING ACTIVITIES ................................................ .............................24 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES ................................................ .............................25 LOCAL AGENCY BIDDER - DBE (CONSTRUCTION CONTRACTS) - INFORMATION ..........26 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ............... .............................27 SECTION 2 -1.01 GENERAL ....................................................................... .............................27 SECTION 2 -1.015 FEDERAL LOBBYING RESTRICTIONS ....................... .............................27 SECTION 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE) .... .............................28 SECTION 2 -1.03 DBE AVAILABILITY ADVISORY ..................................... .............................30 FEDERAL MINIMUM WAGE RATES ........................................................... .............................31 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 2 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3815 INSTRUCTIONS TO BIDDERS E 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE. REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words °Sealed Bid" shall be clearly marked on the outside of the:,envelope containing the documents. 3. The City of Newport Beach will not permit a. substitute. format for the .Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 0 0 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state. or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: httpJAvww .cipo.gov /davisbacon /ca.html 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 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. *a &707.3 — /- , C _/ a Contractor's License No. & Classification AU Ask WCArU ASMALT Bidder 0e- 023,2 Date • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO. 3815 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 hound to the City of Newport Beach, a charter city, in the principal sum of / Dollars ($ ), to be p ' and forfeited to the City of Newport Beach if the bid proposal of the undersigned Prin ' al for the construction of BRISTOL STREET NORTH STREET REHABILITATION F OM CAMPUS DRIVE TO JAMBOREE ROAD, Contract No. 3815 in the City of Newp Beach, is accepted_ by the City Council of the City of Newport Beach and the proposed tract is awarded to the Principal, and the Principal fails to execute the Contract Docume in the fonn(s) prescribed, including the required bonds, and original insurance certificates d endorsements for the construction of the project within thirty (30) calendar days after t date of the mailing of "Notification of Award", otherwise this obligation shall become null nd void. If the undersigned Principal e it is agreed that the death of any obligations under this Bond. Witness our hands this Name Telephone Bond is executing this Bond as an individual, >al shall not exonerate the Surety from its Of 2006. Authorized Signaturefritle Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CRY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND NO. Q85 R7 423 CONTRACT NO. 3815 We, the undersigned Principal and Surety. our successors and assigns. executors. heirs and administrators, agree to be jointly and• severally held and firmly bound io the City of Newport Beech, a garter city, in the pdrKipal sum of - TEN PERCENT OF TOTAL BID PRICE IN - - - -- Dollars (S '10% of Bid ), to be paid and forfeited to the Eiy of Newport Beach if the- bid Proposal of the undersigned Principal for the construction of BRISTOL STREET NORTH STREET RENABUHATION FROM CAMPUS MW TO JAMBOREE ROAD, Contract No. 3815 in the City of Newport Beach. Is accepted. by the City Cournil of the City of Newport Beach and the proposed contract Is awarded to the Principal, and the Principal faits 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 Awa mr, otherwise this ob n shall become null and von:- - If the uindio signed Principal wwaAing this Band is executing this Bond as an hWWdcfual, it Is agreed the death of any such Principal shall not exonerate the Suety from its obligations under this Bond. Witnessourhandsthis 1-qt-F, day of ocrasher .2=. ALL AMERICAN ASPHALT Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY Name Of Surety arm 801 NO, BRAND BLVD GLENDALE, CA,, 912Q3 Address of Suety SURETY: 818- 409 --2800 AGENT: 714 -935 -1112 Telephone =PQ.Z- OWEN M. BROWN, ATTORNEY -IN -FACT Print Nance and Title (Notary acknowledgment of Pti ticipat & Surety must be attached) BID DATE: OCTOBER 31, 2006 ALL- PURPOSE State of California County of Riverside ss. On October 23. 2006 before me,Donna Thorne. Notary Public Date Name and Title of Officer Personally appeared Robert Bradley Names) of Signer(s) 1 DONNA THORNE 6570m4# Notary hrbft - CaNfo N Rlvwpkls County GAyCarnm. <'>� MaY 6.201 OPTIONAL X personally known to me droved to me on the basis of satisfactory evidence to be the person) whose name) is /are subscribe to the within i trument and acknowledged to me that he/sheRhey executed the same in his/herkgek- eathorized capacity#esj, and that by his/ Aer/lheir signature((o on the instrument the persorf(� or, the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seat, /(7 Il ///rL a a4 tm� Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bid Bond Document Date: October 18. 2006 Number of Pages: One (1) Other Than Named Above: Fidelity & Deposit Co. of Maryland Officer Title(s): Vice- President .imited General or Conservator Signer is Representing: All American Asphalt Top of thumb here ., . - � --�... � ..s.�..,a.. � >. M,. ,�...�.�..� ,.+ � ti: � �: .r. 0 i State of Cem«nfa cmffltyOf I SL On 10 -18 -06 mmi $AARJga s_ �na®u�g yr /r.wwv.sosw■Iw.:rwv"m vftmn p � own M. B WWN mmmc! mwm BARBARA J. BENDER X= p known to me Commbion # 1494946 S Notary pubBc - CaBfomla �y Y Orange Cou* f#y Comm. Expires Juf 13, 2 to be Im permn(0) whose =TO* WIM subsorihed U)"1110 within hUhlNaent Old acknowkx1ged to m #W heNAMMM executed the some In hieArrlillitir augl ftW ceaily(W. and Ulm by No%"& 8%POhaOO an the blfmnn1Wd Ure peman(f), or the f i }ty upon bdW of wWah the pamonW OPTKma 7hugA lho #IrsmrMrm trwilwtrnofre9r&+dy'lxc amrypvle wMrtvs bpsaantrsylapm ersdawtraent ardomtlpseN rfAUde►m n W01W NIUfW IIiP aNm bY'1p�Mrl�p�lewl. title or Type of Oomnent i II DocumentDaw 10- 18..:06 Niumberof SOmmts)OdmThmnNwnedlAtx;m ALL AMERICAN ASPHALT �)by SWW signsesNanm OVEN X. B$OWN • hu9vi" Tops /uWhW • Corporate Omcer- 7tlia(s): • Padner —Q Lbolted ❑ General �scf • Trudge • Guardian or Conservator ❑ Otlw: Signer le Ftapreeerding FIDt31.ITY Apo Af3808I1' fn---- OF MARYLAND OPJB�M /eel w�wratwlfa•1�Op SYAr.MBa21R•C1Ywd6 GM3p810!•MrwrwYUw170➢• M1IL9G NwieCilMlM tlbi6M9 . �4.v ! i 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 he in full force and effect on the date a by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a a kings, and the execution of such bonds or undertakings in pursuan s on said Company, as fully and amply, to all intents and purposes, as d I P xe d'tiiA � ged by the regularly elected officers of the Company at its office in But ftgtjQi -heir r r is power of attorney revokes that issued on behalf of Owen M. B8,(� i�lat r=vdJn P The said Assistant )SE Section 2, of the By-LM IN IN WITNESS Wl- affixed the Corporate December, A.D. 2004. ATTEST: 'gyp 11fPOSrJ � � o o IIIF ger[�f at the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. . '5`017, 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 City of Baltimore SS*. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Burnes Assistant Secretary i.✓�/' 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. POA -F 012 -4160 ,,,pvunyr 1l�t..11 JN6 i "a;in..� �.. h/ rrtnulPtt Maria D. Adamski Notary Public My Commission Expires: July S, 2007 U 0 .4. - 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, 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." 1 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 1 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 Attorney -in -Fact as provided in Article Vl, 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 I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced sea] 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 sea] of the said Company, this 18th day of October 2006 Assistant Secretary Best's Rating Center - CompabInformation for Fidelity and Deposit C if party of Maryl... Page 1 of I RNMVSDefel °tons k. Search Beath Ratings Press ReMasas Related Products ► kwu*y a R Country No How to Get Rafael Conted anAtwyst View Ratings: Financial Strength Issue[CledR Securities Advanced Search ..ice Fidelity and Deposit Company of Maryland (a member of Zurich F.ipanciatsmicesS.mup) A.M.Best R: W367 NAlc a: 39300 FEIN N: 133046571 Address: 1400 American Lane Phone: 847 -605 -6000 Schaumburg, IL 60196 -1056 Fax: 847- 805 -6011 Web: www.zurichna.com Best's Ratings Financial Strength Ratings View Deflnitlons Rating: A (Excellent) Affiliation Code: g (Group) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Date: February 03, 2006 * Denotes Under Review Best's Ratinas Other Web Centers: F Assgned to mngsnes Cat have. in JU our opinion. an eo;eftnt alblity to �Mer their ongav j obligations 0 policyholdem Issuer Credit Ratings View Definitions Long -Tenn: a+ Outlook: Stable Action: Upgraded Date: February 03, 2006 Reports and News Visit our NewsRoom for the latest news and press releases for this company and Its A.M. 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Best I Site Map I Privacy Policy I Secud I Terms of Use I Legal & Licensing Copyright 2006 A.M. Best Company, Inc. AN rights reserved. A.M. Best Worldwide Headqueders, Ambast Road, Oldwick, New Jersey, 08858, U.S.A. http : / /www3.ambest.com/ratings/Ful] Profile .asp ?B1= 0 &AMBNum= 387 &A1tSrc =1 &Alt... 10/31/2006 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO. 3815 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not fisted, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following . subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid item Description of Work %of Number Total Bid Name: Son:�ty. 0lectr�c Address: 0M., Phone: lly q°[� `tSSb State License Number: WI LAS Name: PAccrn j�'CrKie ecM,e" Address: Drat. a�f Phone: -4iy_q./cl -gqqJ�- State License Number: I g Name: pA Nn t. Address: o rav Phone: qjq - to 39 -o40o State License Number: 413qALJ c6- brA^0jf -?(N-L,39 y}`SD 35`9 -Authorized igngtu Pt�11 Yt C.t✓ P��(D�`lv�' r EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The proposed -subeentrae4af hereby certifies that he has X_ , hasnot- participated in a previous contract or ' subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. L] PUBLIC CONTRACT CODE I- 6-1 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 nott— 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 "hash 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 ir' If the answer is yes, explain the circumstances in the following space. I3 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 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO. 3815 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll 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 Agency Name Contact Person To: Telephone ( Original ract Amount $ ' Final Contract Amount $ If fi amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N6 10 No. 2 Project Name /Number Project Description Approximate Construction Dates: Agency Name Contact Person To: Telephone ( Original Contract PRfount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: Agency Name To: Contact Person Telephone ( ) Original Contract Amo t $ Final Contract Amount $ If final amount i ifferent from original, please explain (change orders, extra work, etc.) P Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N.0 11 No. 4 Project Name/Number Project Description Approximate Construction Agency Name Contact Person • • To: Telephone ( ) Original Con!pidAmount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 00 No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract A xfunt $ Final Contract Amount $ If final amounKs different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 12 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original ContraclAfount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) .,la. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. SGZ;i K-ff-9P P Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. kyaVeAJ op 13 ALL AMERICAN ASPHALT CURRENT PROJECTS City of Cerritos Norwalk Blvd. 18125 Bloomfield Ave. Street Reconstruction Cerritos, CA 90703 -3130 Contract Amt: $711,741.00 Contact: Hal Arbogast Estimated Completion Date: 10 -10 -2006 562- 916 -1229 City of South Gate Garfield Avenue 8650 California Ave. Street Reconstruction South Gate, CA 90280 Contract Amt: $1,097,000.00 Contact: Mahmound Anjomshoaa Completion Date: 7 -31 -2006 (323) 563 -9578 City of Dana Point Coast Highway 33282 Golden Lantern Street Reconstruction Dana Point, CA 92629 Contract Amt: $1,977,977.00 Contact: Jack Santos Estimated Completion Date: 9 -25 -2006 (949) 248 -3554 City of Murrieta California Oaks Road 26442 Beckman Court Street Reconstruction Murrieta, CA 92562 Contract Amt: $1,122,000.00 Contact: Mike Brooks Completion Date: 8 -31 -2006 (951) 304 -9273 • • "2005" PAST WORK REFERENCES City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 Contact: Sam Guittierez, (626) 939 -8734 City of San Clemente 910 Calla Negocio, Suite 100 San Clemente, CA 92673 Contact: Akram Hindiyeh, (949) 361 -8200 City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Contact: Theresa Tran, (714) 898 -3311 City of Orange 300 E. Chapman Avenue Orange, CA 92866 Contact: Alan Truong, (714) 7445573 City of Garden Grove 11222 Acacia Parkway Garden Grove, CA 92842 Contact: Navin Maru, (714) 741 -5180 Street Rehabilitation at Various Locations Contract Amount: $709,500.00 Completed: 6130/2005 Start: 2/1/2005 Calla Del Cerro Street Rehabilitation Contract Amount: $522,000.00 Completed: 9/30/2005 Start: 7/1/2005 03/04 Citywide Street Improvement Project Contract Amount: $1,199,567.00 Completed: 2/16/2005 Start: 8/2/2004 Annual Street Maintenance Contract Amount: $1,369,798.00 Completed: 4/112005 Start: 9/3/2004 Euclid Street & Harbor Blvd. Contract Amount: $1,972,000.00 Completed: 9/30/2005 Start: 8/1/2004 ' • P.O. Box 2229, Corona, CA 92878 -2229 i oug Harrington WorkHRV,W 1996— Present All American Asphalt Corona, CA conshuWon Mater • Supervise construction activities for general engineering contractor. • Manage grading, concrete, and paving operations for both public and private work projects. 1990 -1996 Pavbtg Supwit tendent • 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 Foremen • Managed daily operations for grading, concrete, paving and public works projects. • Responsible for quantity verification and contract changes. 1977 -1983 Industrial Asphalt/Hunt Mix Irwindale, CA operating Engineer • Responsible for daily maintenance and operation of various heavy machinery. Additional htfonnation Attended various educational classes relating to the construction industry including: - Agtec Pointman Training (Non contact sensor grade control) Asphalt Technology y • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3815 NON - COLLUSION AFFIDAVIT State of California ) '45S. County of �tUl�SQ�j being first duly swam, depo �a�n�1d�,rsays that he er -she is y i C.E t four' of A(L gybll Prr. . 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 er her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative therato, 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. Subscribed and swom to before me this day of 2006. [SEAL] Notary Public Dorre, lHORK C vramon f 16670M My Commission Expires:_ 2'-6, -/0 Kolar Puft • ccoomre Rks1* rr CCU* IWINYCmin .9- M"W66101 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3815 DESIGNATION OF SURETIES Bidders name • Provide the name$, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 11 vtasaaf a �- rttrnxnua , sy�� ` oe+u�'AD "J .waft v�F1 r fDS .6 y[AN �lyx3 nimO7 rht 15 (efttysc d J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO. 3815 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name i4. /M j • 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. 16 Current Record Record Record. Record Record Year of for for for for for Record 2005 2004 2003 2002 2001 Total 2006 No. of contracts oq t 1 l 5� 1,361 t , l bZ 1,131 (PM4 Total dollar Amount of 'l, y 1 o 701 043 1%, 04g 139,41 Contracts (in ZOT, IS4'3Sb 117,30.5 Thousands of $ No. of fatalities $. No. of lost Workday Cases -©. 41 No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary — Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Alt f�A6(CAU *JI/A-(,T- Business Address: P.O. a13069 i UuA%(� Business Tel. No.: X51 -73fo — `Z(ob0 State Contractor's License No. and Classification: **-:?to7073 — !�f G —!2, Title VLC.E aeStp�7UT The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder 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 partnership /joint venture must be provided, followed by signatures of all of the partnersfjoint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partnersroint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 17 IA ALL - PURPOSE State of California County of Riverside SS. On October 23, 2006 before me, Donna Thorne. Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signer(s) X personalty known to me _proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/shelthey DONNA 111E7M* executed the same in his /her/their authorized EoMmilidon 0 1"70W capacity(ies), and that by his /her/their 110101Y NJ171C - Cd101ri0 signature(s) on the instrument the person(s) or, the entity upon behatF of which the person(s) Comm01MV MV — — — — — — MaVA201 acted, executed the instrument. WITNESS my hand and official seal, Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Contractor's Industrial Safety Record. City of Newport Beach Document Date: October 23, 2006 Number of Pages: 2 Signer(s) Other Than Named Above: None Signer's Name: Robert Bradley and Thomas Toscas _Individual XCorporate Officer Title(s): Vice President and Sec./Treasurer _Partner- _Limited _General _Altomey -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here 10125/2006 WED 14:23 PAR 0 • 0002/002 Page: 1 of 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.1 BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO 3815 DATE: _ 2 b BY: City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documerns — all other conditions shall remain the same. FEDERAL. MINIMUM WAGE RATES 1. Delete Federal Minimum Wage Rates; Modification Number 32, dated 9/22/2006. 2. Insert current Federal Minimum Wage Rates; Modification Number 33, dated 9/29/2006. Bidders roust sign this Addendum No.1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No.1 is attached. I have carefully examined this Addendum and have Included 4full _paymen� ' my Prp "aP IR y 6ey � �HtiIJ M Bidder's Name (Please Print) *60T IKOVoLOJ Date uthorized Signature & Title f:lusarslpWshareMwntrads)fy 06- 071bristol st rehab o-381Saddendum nD 1.d CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3815 ACKNOWLEDGEMENT OF ADDENDA Bidders name Att A/kGvow Asp#fi r The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: No. 18 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO. 3815 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: A-tc #Revcj 7U Aewr Business Telephone and Fax Number: 1!9-1 DY 46,7l C Fo�, California State Contractor's License No. and Class: 4.)&7073 — A7 C �. (REQUIRED AT TIME OF AWARD) Original Date Issued : –ti-7 I Expiration Date: l - -61 -6 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses; and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone ZEN �. ,� Corporation organized under the laws of the State of (' iGfFok,tJA 19 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: AJOA)eE, All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: "A- Provide the names, addresses and telephone numbers of the parties; u/A- a Briefly summarize the parties' claims Have you ever had a contract terminated by the ownedagency? If so, explain. N Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes 00 tf i • If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. 17 (Print name of Owner or President of Corporation /Company) � :ice �' : . ii r�u a ..- Date Subscribed and swom to before me this day of 4C-4� / 2006. [SEAL] CaMNWM # 1"7059 ��iVAtt jib-91W, NOW Pubsc CGOOM a NWWWDC*Uft k/ r N 121,41;c- 21 Mro6mm.e�ow�Maram� / 0 0 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. uIu- 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. PIZ 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 sub recipients shall certify and disclose accordingly. 23 DISCLOSURE OF LOBBYING ACTIVITIES 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. ban e. ban guarantee f. loan insurance 2. Status of Federal Action: Fla. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: S. If Reporting Enter Name 4vG1 BI MLw .I■rn`aRf"TA 3. Report Type: Ela. initial b. material For MaterigYChange Only, r of last report _ No. 4 Is Subawardee, vss of Prime: ngresstonal District, if known 7/Federal Program Name /Description: �\ CFDA Number, if applicable 8. Award Amount, if known: 10. a. Name and Address of Lobby E ty b. Individuals Performing Services (including (If individual, last name, first n e, MI) address If different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s)'d necessary) 11. A/a. ent eck all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one -time fee 12. Ft (check all that apply): c. commission d. contingentfee specify: nature a deferred value f. other, specify 14. B of Services Performed or to be performed and Dates) of Service, Including o yee(s), or member(s) contacted, for Payment Indicated In Item 11: / (attach Continuation Sheet(s) if necessary) 15. Continuation Shoot(s) attached: Yes No 16. Intormatfon requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of Signaturplif lobbying reliance was placed by the fier above when his transaction was made or entered into, This disclosure Is print Name: IiAci LW, required pursuant to 31 U.S.C. 1352, This information Will be reported to Congress semiannually and will be .vim Title: Y ,!' l� available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil !1 No.: 4Stf l?lo b0U Date: 10-1 penalty of not less than $10,000 and not more than Telephone $100,000 for each such failure. Federal Use Only: 24 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 t 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 charge to the information previously reported, enter the year and quarter in which the change occurred. Ester the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates If It Is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first 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 "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, If known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. S. Enter the most appropriate Federal Identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE- 90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to Influenced the covered Federal action. (b) Enter the full names of the 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. It this Is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -klnd contribution, specify the nature and value of the ]"Ind 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 dates) of any services rendered. Include at preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) Is attached. 15. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (03460046), Washington, D.C. 20503. SF-ULL- Instructions Rev. 06- 04- 90RENDIFx 25 Iq 0 0 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS #2 -1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the 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 Bidder's 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 Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cant' 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 cant' 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 bidder's 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. 27 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 speck 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. ; 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; W 9 0 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: The Caltran's "Civil Rights" web site at: http: / /www.dot.ca.gov /hq /bep. The Caltran's DBE Directory. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks .Drive, Sacramento, Califomia 95815, Telephone: (916) 445 -3520; F. When reporting DBE participation, bidders may count the cost of materials or supplies purchased from DBEs as follows: 1. 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, 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: M 0 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph G, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. H. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. 2 -1.03 bBE 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. 30 0 FEDERAL MINIMUM WAGE RATES GENERAL DECISION: CA2003O035 09/29/2006 CA35 Date: September 29, 2006 General Decision Number: CA20030035 09/29/2006 Superseded General Decision Number: CA020035 State: California Construct }on Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Publication Date 06/13/2003 01/30/2004 03/05/2004 04/02/2004 05/21/2004 07/16/2004 08/27/2004 10/08/2004 01/14/2005 01/28/2005 02/11/2005 04/08/2005 04/22/2005 06/17/2005 07/22/2005 08/05/2005 08/19/2005 09/09/2005 11/18/2005 12/02/2005 12/23/2005 02/03/2006 02/10/2006 03/17/2006 04/14/2006 06/09/2006 07/07/2006 07/14/2006 08/04/2006 08/25/2006 09/08/2006 09/15/2006 09/22/2006 09/29/2006 ASBE0005 -002 08/07/2006 Rates Fringes Asbestos workers /Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems)...$ 36.16 10.24 --------------------------------------------------------- ASBE0005 -004 08/07/2006 31 0 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)..$ BRCA0004 -010 05/01/2006 Rates Fringes 19.55 6.38 --------------- -------- -- Rates Fringes Bricklayer; Marble Setter.. .... $ 31.61 8.75 --- ---- ---------------- ---- -- - - -- --------------------------- _ BRCA0018 -004 06/01/2006 Rates Fringes 0 Marble Finisher ................$ 22.52 7.65 Tile Finisher ..................$ 18.57 7.25 Tile Layer .....................$ ------ ---- ------------- 29.30 11.36 ---------- * BRCA0018 -010 09/01/2006 Rates Fringes Terrazzo Finisher ..............$ 24.54 8.62 Terrazzo Worker ................$ 31.63 9.41 _ ___ ____________ _ _____ CARP0409 -001 07/01/2006 _------__-----_-- Rates Fringes Carpenters: (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 33.61 8.57 (2) Millwright ..............$ 34.11 8.57 (3) Piledriver /Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 33.74 8.57 (4) Pneumatic Nailer, Power Stapler ...............$ 33.86 8.57 (5) Sawfiler ...............$ 33.69 8.57 (6) Scaffold Builder ....... $ 26.31 8.57 (7) Table Power Saw Operator ....................$ 33.71 8.57 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 - $1.00 per hour premium. CARP0409 -005 07/01/2006 32 0 Rates Fringes 0 Drywall DRYWALL INSTALLER /LATHER....$ 33.61 8.57 STOCKER /SCRAPPER. ........... $ 10.00 6.06 ---------------------------------------------------------------- ELEC0011 -002 12/05/2005 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 23.78 3% +7.35 Technician ..................$ 25.58 3% +7.35 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 06/05/2006 ---------------------------------------------------------------- ELEC0441 -004 06/05/2006 TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS G STREET LIGHTING Rates Fringes Electrician Cable Splicing, Fiber Optic Splicing ..............$ 36.58 3% +11.23 Journeyman Transportation Electrician .................$ 34.97 3% +11.23 Transportation Systems Technician ..................$ 24.48 3% +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 33 Rates Fringes Cable splicer ..................$ 36.58 3 %+11.23 Electrician ....................$ 34.97 3% +11.23 ---------------------------------------------------------------- ELEC0441 -004 06/05/2006 TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS G STREET LIGHTING Rates Fringes Electrician Cable Splicing, Fiber Optic Splicing ..............$ 36.58 3% +11.23 Journeyman Transportation Electrician .................$ 34.97 3% +11.23 Transportation Systems Technician ..................$ 24.48 3% +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 33 E and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires ". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video /data. ELEC1245 -001 06/01/2005 Rates Fringes Line Construction (1) Lineman; Cable splicer..$ 36.51 3.758 +10.03 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) ..................$ 31.03 3.758 +9.25 (3) Groundman ...............$ 23.73 3.758 +9.25 (4) Powderman ...............$ 34.69 3.75% +9.29 ----------------------------------------------------------- ELEV001B -001 01/01/2005 Rates Fringes Elevator Mechanic ..............$ 36.215 12.015 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. --------------------------------- ------------------------------- ENG10012 -003 07/01/2006 Rates Fringes Power Equipment Operators (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 33.00 15.30 GROUP 2 ....................$ 33.78 15.30 GROUP 3 ....................$ 34.07 15.30 34 0 GROUP 4 ....................$ 34.21 15.30 GROUP 5 ....................$ 34.43 15.30 GROUP 6 ....................$ 34.54 15.30 GROUP 7 ....................$ 34.66 15.30 GROUP 8 ....................$ 34.83 15.30 GROUP 9 ....................$ 35.00 15.30 GROUP 10 ....................$ 36.00 15.30 GROUP 11 ....................$ 37.00 15.30 GROUP 12 ....................$ 38.00 15.30 GROUP 13 ....................$ 39.00 15.30 Power Equipment Operators (Tunnel work) GROUP 1 ....................$ 33.50 15.30 GROUP 2 ....................$ 34.28 15.30 GROUP 3 ....................$ 34.57 15.30 GROUP 4 ....................$ 34.71 15.30 GROUP 5 ....................$ 34.93 15.30 GROUP 6 ....................$ 35.04 15.30 GROUP 7 ....................$ 35.16 15.30 Power Equipment Operators GROUP 1 ....................$ 31.65 15.30 GROUP 2 ....................$ 32.43 15.30 GROUP 3 ....................$ 32.72 15.30 GROUP 4 ....................$ 34.21 15.30 GROUP 5 ....................$ 35.31 15.30 GROUP 6 ....................$ 34.43 15.30 GROUP 7 ....................$ 35.53 15.30 GROUP 8 ....................$ 34.54 15.30 GROUP 9 ....................$ 35.64 15.30 GROUP 10 :...................$ 34.66 15.30 GROUP 11 ....................$ 35.76 15.30 GROUP 12 ....................$ 34.83 15.30 GROUP 13 ....................$ 34.93 15.30 GROUP 14 ....................$ 34.96 15.30 GROUP 15 ....................$ 35.04 15.30 GROUP 16 ....................$ 35.16 15.30 GROUP 17 ....................$ 35.33 15.30 GROUP 18 ....................$ 35.43 15.30 GROUP 19 ....................$ 35.54 15.30 GROUP 20 ....................$ 35.66 15.30 GROUP 21 ....................$ 35.83 15.30 GROUP 22 ....................$ 35.93 15.30 GROUP 23 ....................$ 36.04 15.30 GROUP 24 ....................$ 36.16 15.30 GROUP 25 ....................$ 36.33 15.30 FOOTNOTES: PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, 0 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 load, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt - rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler 35 0 GROUP 3: Asphalt- rubber blend operator; Bobcat or similar type (side steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (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- haimner -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 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 W 0 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, 1090 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 similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less the 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 19: Canal liner operator; Canal trimmer operator; Remote- control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); 37 0 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) GROUP 21: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22; Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds. struck) GROUP 23; Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 yds. struck) GROUP 29: 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, M. 0 0 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 (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and /or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) C 0 -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) 0 GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber - tired, rail or track type); Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator --------------------------------------------- _ ENG10012 -004 08/01/2006 Rates Fringes Power equipment operators: (DREDGING) (1) Leverman ................$ 39.65 15.30 (2) Dredge dozer ............ $ 35.18 15.30 (3) Deckmate ................$ 35.07 15.30 (4) Winch operator (stern winch on dredge) ............ $ 34.52 15.30 (5) Fireman - Oiler, Deckhand, Bargeman, Leveehand ...................$ 33.98 15.30 (6) Barge Mate ..............$ 34.59 15.30 --------------------------------------------------------------- IRON0002 -004 07/01/2006 Rates Fringes Ironworkers: Fence Erector ...............$ 32.165 16.585 Ornamental, Reinforcing and Structural ..............$ 33.055 16.585 PREMIUM PAY: $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 - Seeley, Vandenberg AFB ELI 0 0 $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 * LABO0300 -003 07/01/2006 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, 41 Rates Fringes Laborer: Gunite GROUP 1 .....................$ 24.44 16.36 GROUP 2 .....................$ 23.49 16.36 GROUP 3 .....................$ 19.95 16.36 Laborer: Tunnel GROUP 1 .....................$ 24.28 12.95 GROUP 2 .....................$ 24.60 12.95 GROUP 3 .....................$ 25.06 12.95 GROUP 4 .....................$ 25.75 12.95 Laborers: GROUP 1 .....................$ 22.84 13.04 GROUP 2 .....................$ 23.39 13.04 GROUP 3 .....................$ 23.94 13.04 GROUP 4 .....................$ 25.49 13.04 GROUP 5 .....................$ 25.84 13.04 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, 41 0 0 gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush _shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi - plate; Kettle person, pot person and workers applying asphalt, lay -kold, creosote, lime caustic and similar type materials ( "applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come- alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand - propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; 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 EFA 0 0 agitator cars; Nipper; Pot tender; using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and /or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person -------------------- ----------------- LAB00882 -002 01/01/2006 Rates Fringes Asbestos Removal Laborer ....... $ 23.20 10.90 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. * LAB01184 -001 07/01/2006 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 23.74 8.51 (2) Vehicle Operator /Hauler.$ 23.91 8.51 (3) Horizontal Directional Drill Operator ..............$ 25.76 8.51 (4) Electronic Tracking Locator .....................$ 27.76 8.51 Laborers: (STRIPING /SLURRY SEAL) GROUP 1 .....................$ 24.52 11.34 GROUP 2 .....................$ 25.82 11.34 GROUP 3 .....................$ 27.83 11.34 GROUP 4 .....................$ 29.57 11.34 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 43 0 person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036 -001 07/01/2005 Rates Fringes Painters: (1) Repaint Including Lead Abatement ...................$ 23.40 7.49 (2) All Other Work: ......... $ 26.67 7.49 0 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 10/01/2005 Rates Fringes Drywall Finisher ...............$ 28.33 9.98 PAIN0036 -015 06/01/2006 Rates Fringes Glazier ........................$ 32.30 12.75 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up --------------------------------------------------------------- PAIN1247-002 06/01/2006 Rates Fringes Soft Floor Layer ...............$ 26.40 6.54 --------------------------------------------------------------- PLAS0200-009 01/01/2005 Rates Fringes Plasterer ......................$ 28.29 7.46 ------------------------ ------------------------------- 44 0 PLASOSOO -002 07/17/2006 Rates Fringes Cement Mason ...................$ 26.05 16.28 ----------------------------------------------------------- PLUM0016 -001 07/01/2006 Rates Fringes Plumber /Pipefitter (1) Work on strip malls, light commercial, tenant improvement and remodel work ........................$ 25.20 11.36 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space... .... ......... $ 31.63 12.76 (3) All other work .......... $ 32.61 13.52 ----------------------------------------------------------- PLUM0250 -002 01/02/2006 Rates Fringes Refrigeration Mechanic Refrigeration Fitter ........ $ 33.30 13.95 --------------------------------------------------------- PLUM0345 -001 07/01/2006 Rates Fringes 0 Plumbers Landscape /Irrigation Fitter.$ 24.90 11.79 Sewer & Storm Drain Work .... $ 22.14 12.82 ---------------------------------------------------------------- ROOF0036 -002 09/01/2006 Rates Fringes Roofer .........................$ 29.00 7.17 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 04/01/2006 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes Sprinkler Fitter, Fire ......... $ 30.00 13.15 --------------------------------------------------------- SFCA0709-003 09/01/2006 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: 45 Rates Sprinkler Fitter, Fire ......... $ 34.58 --------------------------------------- SHEE0105 -003 08/01/2006 Fringes 16.70 INYO, KERN (Northeast part, East of Hwy 395), LOS ANGELES (Including Pomona, Claremont, Catalina Island, Long Beach and area South of Imperial highway and East of the Los Angeles River), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes Sheet metal worker (1) Commercial - New Construction and Remodel work ........................$ 33.56 14.41 (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...$ 29.40 18.96 -------------------------------------------- ------------- TEAMOOII-002 07/01/2005 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 ($0.50 additional for tire person); Pipeline and M Rates Fringes Truck drivers: GROUP 1 ....................$ 23.54 14.64 GROUP 2 ....................$ 23.69 14.64 GROUP 3 ....................$ 23.82 14.64 GROUP 4 ....................$ 24.01 14.64 GROUP 5 ....................$ 23.95 14.64 GROUP 6 ....................$ 24.07 14.64 GROUP 7 ....................5 24.32 14.64 GROUP 8 ....................$ 24.57 14.64 GROUP 9 ....................$ 24.77 14.64 GROUP 10 ....................$ 25.07 14.64 GROUP 11 GROUP 11 ...................$ 25.57 14.64 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 M 0 0 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 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. 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 :�1 0 0 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 9.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION M 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO. 3815 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. Coverage's 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. am 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT is BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD CONTRACT NO. 3815 CONTRACT THIS AGREEMENT, entered into this Aday ofAAl1. , 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All American Asphalt, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD This project involves removing and reconstructing roadway, driveway approaches, curb access ramps, curb and gutter; placing base, asphalt base course, grinding and placement of asphalt overlay; and perform other appurtenant and incidental items of work as required to complete the work in place." Contract No. 3815 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. 3815, 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. • • C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Thirty-Seven Thousand, Five Hundred Thirty-Seven Hundred Dollars and 001100 ($537,537.00). 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: Stephen J. Luy, P.E. (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: All American Asphatl P.O. Box 2229 Corona, CA 92878 951- 736 -7600 951 - 739-4671 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City and County of Orange 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. 51 E 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, the County of Orange, their officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 52 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, the County of Orange, their 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, the County of Orange, their officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, the County of Orange, their 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, the County of Orange, their officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, the County of Orange, their 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 and the County of Orange. 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 53 0 0 been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stoo Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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. 0 17 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. THIRD PARTY BENEFICARY The County of Orange, a subdivision of the State of California, shall be a third party beneficiary of the terms of this agreement. The County of Orange's third party beneficiary rights shall include, but not be limited to, the right to enforce the terms and conditions of the Agreement against the Contractor. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APPROVED AS TO FORM: .4 r, ff ", Aaron C. Harp Assistant City Attorney 55 CITY OF NEWPORT A MuniciDaLCorporati ALL AMERICAN ASPHALT r' .. Cr] i DJT Print Name: 1b ;r •�i Byf �oo C ((F Financial Officer) Title: �G(� • T�.I G Print Name: f GfU/t,{A--6 TDS(. S CALIFORNIA ALL- PURPOSE State of Cal ifomia County of Riverside SS. On November 7, 2006 before me, Debbie A. Matsen, Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signer(s) DEBBIE A MATSEN ' "' Commission # 7452589 WWI Notary Public - Californlo Riverside County y Comm. Expires Nov 22, 2007 OPTIONAL X personally known to me to be the person(s) whose name(s) !Stare subscribed to the within instrument and acknowledged to me that heishetthey executed the same in hisArewitheir authorized capacity(ies), and that by hiellwhheir signature(s) on the instrument the person(s) or, the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Contract. City of Newport Beach Document Date: November 7. 2006 Number of Pages: 6 Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradley and Thomas Toscas Individual XCorporate Officer Title(s): Vice President and Sec./Treasurer _Partner- Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS. GIT . —The work herein proposed will be financed in whole m ' art with Federal fiords, and therefore all of the statutes, rules d regulations promulgated by the Federal Gov- ernment and 'cable to work financed in whole as in part with Federal funds wit pply to such work The "Required Contract Provisions, Federal- id Construction Contracts, "Form FHWA 1273, are included m 's Section 14. Whenever m said requiiad contract provisions s are made m •SHA contracting officer," "SHA resident ar; ar "authorized representative of the SHA," such references ah be construed to mean "Engineer" as defined in Section 1 -1.18 of Standard Specifications. PERFORMANCE OF PREVI S CONTRACT.—In ad- dition to the provisions in Section 'Nonducrimmation," and Section VII, Subletting ar Assigning Contract;' of the re- quired contract provisions, the Contractor comply with the following: (This form need not be filled in if all joint venture firms are DBE owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the.firms which comprise the joint venture. (fhe The bidder shall execute the CERTIFICA N W17II RE- GARD TO IM PERFORMANCE OF P OUS CON- DBE partner must complete Schedule A) TRACTS OR SUBCONTRACTS SUBJECT TO EQUAL OPPORTUNITY CIAUSE AND THE FHJNG OF Nboor D REPORTS located in the proposal. No request for assigning any portion of the contract in excess of r e considered order the ptnl is su r 3ectios he (� required contract provisions unless such request is accompanied N Describe the role of the DBE fine in the jolts venture, by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON - COLLUSION PROVISION. —The provisions in 61 b. Describe very briefly the experience and business section are applicable to all contracts except contracts for Federal Aid Secondary projects. qualifications of each non -DBE joint venturer: Title 23, United States Code, Section 112. requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work tltat each bidder file a sworn statement executed by, or on behalf o& the person, Titan, association, or corporation to whom such contract is to be awarded, certifying fast such verso firm, association, or corporation has not, either directly or indirectly, entered into any agreeman, participated in any cothtslon, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the t ton - collusion a6fidwit statement required by Settiota 112 as a certfication�aerr tensity of perjury rather than as a sworn statement as b 28, an o. 1746, is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS EN- TERPRISES IN SUBCONTRACTING• —Pact 26, Title 49, Code of Federal Regulations applies to this Federal4d project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B-- Informaton for Determining Joint Venture Eli- gibility FR -1 of the joint venture's business 6. Provide a c y ofthe joint venture agreement. 7. What is the a percentage of DBE ownership? _ 8. Ownership of joint described in the joint w 6.). (This need not be fined in if eam nt, provided by question RV*W 3.95 ow-Y5 Page 12-65 LPP 01 -04 March 15, 2001 0 s a Profit said loss sharing. b. C^atal contributions, including equipment Q VDier applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm' those individuals (and their titles) who are responsible for day -today management and policy dt&tdon including, but not limited to, those with prime responsibility for: a. Financial decisions T..HORAS Jcghh Std• /TtacsuP�P b. Management decisions, such as: Estintating J 1• a7 r9 'Q 2. Marketing and salcs7dDkP6 sonnel 3. Hiring and Bring of management 7f llV a Supervision of field operations '-L&3p -T %P Aflt mil+ U t i� Note. —I� after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this rego1� on, there is any significant change in the information aubttritted, the joint venture must inform the &%Wc, either di- rectly or through the prime contractor if the Io. venture is a subcontractor. Affidavit '[he undersigned swear that the foregoing statements as cor- rect and include all material Information necessary to identify and explain the tRms and operation of ma joint venture and the imen&d participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee comsat. complete and accurate information regarding ac- tual joint venture work and the payment themfbr 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 disjoint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for termioefing any contact which may be awarded and for initiating action under Federal or State laws concerning False statements." aevimd 3 -9S 09-07 -9S 0 Local Assistance Procedures Manual PS&E Checklist Instructions Name Date KZV State of .4 U County of j yo-'e-SIn this ` day of 19 _, before me (Name) to me personally lmov* who, being duty swom, did execute the foregong affi- davit, did state that he or she was properly authorized by (Nance of ) to execute the his or her free act and deed. Notary Public Conumission e CSOWj Date _ State of _ (aunty of On this _day of appeared (Name) � 19 � before me to me personally known, who, being duly swore, did execute thel(O did slate that he or she was properly aut firm) to and did so as his or her free act and deed. Notary Public Commission expires affidavit, and by (Name of the affidavit [Seal] ,b� ATWUtZ %VI7p�TDe FR-2 /i C/lOC c�LGs��l Page 12-66 March 15, 2001 LPP 01 -04 CALIFORNIA ALL - PURPOSE State of California County of Riverside Ss. On November 7. 2006 before me, Debbie A. Matsen, Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley Name(*) of Signer DEBBIE A. MATSEN Commission # 1452569 -e Notary Public - California Riverside County My Comm. Expires Nov 22, 2007 OPTIONAL X personally known to me 501611eatart- ewtleuca to be the person(s) whose name(E) is/aresubscribed to the within instrument and acknowledged to me that he /sheAhey- executed the same in his/hert heiFauthorized capacity(ies , and that by his/#,._Ah1hs -- signature(s) on the instrument the persorIM or, the entity upon behalf of which the person(sf acted, executed the instrument. WITNESS my hand and official seal, ca116 ii 4. `a"tary fic Signature of Notary Public Though the information below is not required by Jaw, it may prove valuable to persons retying 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: Federal Requirements. City of Newport Beach Document Date: November 7, 2006 Number of Pages: 1 Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradley Individual XCorporate Officer Title( $): Vice President _Partner- Limited _General _Attomey -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here • • Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) . Page I. General ........................................ ............................... 3 E. Nondiscmaination ...................... ............................... 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 Viii. Safety. Accident Prevention ....... ............................... 10 IX. False Statements Concerning Highway Project.......... to X. Implementation of Clean Air Act and Federal Water Pollution Control Act. ......... ........ ............................... to XI. Certification Regarding Debarment, Suspension, Ineligdhility, and Voluntary Uxclusion ...................... l l XH- Certification Regarding Use of Contract Funds for Lobbying..................................... ............................... 12 ATTACHNHWTS A Employment Preference for Appalachian Contracts (included in Appalachian contracts only) L GENERAL I. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of, workers ord immediate the contractor's i mediate superintendence and to all work perfomxd on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in theft Required Contract Provisions, mud further re. quire their inclusion in any lower tier subcontract or purchase order that may in turn be made The Required Contract Provisions shall not be shall incorporated by reference for Hance any case. bThe prime subcontractor or lower der subcontractor witlu these R guredd Contract Provisions. 3. A breach of any of the stipulations contained in these Re• gnired Contract Provisions shall be sufficient grounds for terai- 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, paragrap}QS 1, 2, 3, 4, and 7; Section V, paragraphhs 1 and 2a through 2g. 5. Disputes arising out of die labor standards provisions of Station IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contmuL Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor OL asset forth in 29 CFR 5, 6, and 7. within the mem . of this clause include disputes between the tontraetar (or any of its aubeontractors) 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 Zmetor shall not: a. disnirninate against labor from any other State, possession, or territory of the United States (except for employtneat preference for Appalachian contracts, when applicable, as specified in Attachment Al or b. employ convict labor for my purpose within the Imsits of the Project unless it is labor perfory convicts who are on parole, supervised release, or probation. H. NONDLSCRUdINATION (Applicable to all Federal-aid construction contracts and to all relatedsabcoutuact ofS10,000ormme.) 1. Equal loynimt Oplrortnniltyy Equal toy t ant opportunity (HH requirements not to diaeirtsivate and to Wm aff nnative action to assure equal opportmity as set forth under laws, executive orders, odes, regulations �35, 29 CPR 1630, and 41 CFR60) and orders of the of Labor as modified by the proviaioths przecn1W herein, un- l�d pursuant to 23 U.S.0 140 shall canslitcte the EEO and specific affirmative action standards for the contractor's project activities under this contact. The Equal ppporpmtty Construction Contract Specifications act forth u� dl CirR60�4.3 mud die provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 GTR 1630 are incorporated by reference in this contract In the a. The contractor will work with the Starve highway agency (SHA) and the Federal Govemmatt in carryutg out EEO obli- gations and m their review of hisiher aotvttres under the con- tract. b. The contractor will accept as his operating policy the following ststernenb "It is the potwy of this Company to assure char appflcaner ore employed, and that ertployeas are treated during emplayrnmr, widww regard to their race, religion, ax color, national arigfn, age or disability. Such action sW tncfak- employment, upgrading demotion, or trartsfer; recniament or reenftme t ad- verilsing; Iayoff or lawittarfon; rates of pay or other forms of campensattou,• and seledlan for trainr'+T unfurling apprr uki ship, preepprenticeship, and/or ondheyob hnlabq., 2. EEO Officer. The contractor will designate and make known to die SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Page 12-67 LPP 01 -04 March 15, 2001 • 0 EXHIBIT 12-B 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 so. 3.Ilissendmulon of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who ace substantially involved in such action, will be made fully cognizant of, aid will implement, the amtradoc's EEO policy and contractual responsibilities to provide EEO in each grade and creation of employment. To ensure that the above agreerr tent will be met, the following actiens will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every Simi months, at which time the contractor's EI30 policy and its implementation will be re- viewed and explained The meetings will be conducted by the EEO Officer. b. All new isory or personnel office employees will be given tibor ihdossrfaa5ivnbythe88OOShcer ,covuingmil mijor aspects or the oomtractor.5 EEO obligations within thirty days following them report rig for ditty with the contractor. a Ali personnel who m engaged in direct rerxuitmeM for the project will be instructs by the EEO Officer in the contractor's proadmes for locating ad Inin8 minority group emloye". d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to etployees, applicam for employment and potential employees. e. The contractor's EEO policy and the procedures to im, plememt such policy will be brought to the attention of em- ployees means of meetings, employee handboolo;, or other means. 4,11ecrntmient: When advertising for employees, rho cank*ctor will include in all advertisements for ettrployaes the notation An 2gnd Oppahtnity Employer." All suucchh adver- tis now will be placed m publications having a large circulation among mdaortty groups n the area from which the project work fixes would normally be derived a. The contractor will, unless prechided by a valid bar�amomg agreement, conduct systematic and dvetx recmiuummt �raogh public and private employee referral sources likely to yield To meet this requirement, r S, uiappsouarceta s of potential minority group employyeees�, and establish with such identified sources pum>txd whereby minority group hcants rosy be referred to the contractor for employment �ation. b. In the event the contractor has a valid bergahung agreement providing for exclusive hiring halt tefemils, tree is expected to obeerve 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 spreements. have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) a The contractor will encourage his present employees to Form 1273 —Rewod 3,95 atams Faun 1273 — Rev6ad3.95 ow-05 refer minority group applicants for employmenta lnfarmation and procedures with regard to referring minority group applicants will be discussed with employee& 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, sball be taken without regard to race, color, teligion, sex, national origin, age or disability. The following procedures shall be foAowed: s. The contractor will conduct periodic umapecdons of project sites to ensure that wed* 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 lnaraomnd actions in depth to determine Wacka trace is evmdmm of discrimination. Where evidence is found, the contractor will puonymtiy take corrective action. If the review indicates that the disenmrnadon may extend beyond the actions reviewed, such cometve action shat include all affected persmms. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his Obligations ender this contract, will attempt to resolve sash complaints, and will take appropriate corrective cohion within a reasonable tune. If the investigation indicates tmat the discrimination nay affect persons other than tie complainant, such corrective action shall include such other persona , Upon completion of each investtphon, the contractor will inform every cmmpiainant ofail of his avenues of appeal. lay m 6. Training and Promotion: a The contractor will assist in lomxtmly gwlt'tying, and increasing the skills of minanty goup and women employees. and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Fedual and State regulations, the contractor shall snake DA on of hallo$ pm Le., apprenticeship, and on-the-job training programs far &e go- ographical area of contract petbarimm When feasible, 25 percent of apprentices or trainees to each occupation droll be in their first year of apprenticeship or twinft in the event a special provision for ttainhtg is provided under thus 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 anance re- quirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women anPloYees and will encourage eligible employees to apply for such training and promotion. Page 128 LPP 01 -04 March 15, 2001 Local Assistance Procedures Manual EXHIBIT 12-& PS&L Checklist Instructions Attachment B 7. Unions: If the contractor relies in whole or in pan upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase oppottunifles for minority groups a� wamea within the unions, and to effect referrals by such unions of minority and female employees. Actions by tlu contrauor either directly or tluough a contractor's association acting as agent will include the procedures set forth below: a lire contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minonty group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be cmtractvally bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. a The contractor is to obtain information as to the referral practices and Qolicies of the labor union except that to the extent such informffiton is within the exclusive possession of the labor union and such labor union retoses to Nroish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the connector with a reasonable flow of minority and women referrals within the time limit ad forth in the collective bargaining egremxnt, the contractor will, through independent teerahmenf efforts, fill the employment vacancies without regard to race, color, roligion, sex, national origin, age or disability, making frill efforts to obtain qualified or qualifiable minority goop persons and woman. {The DOL has held that it shall Epp excuse that The union with Which the contractor has a collective bargaining agreement providlog for exclusive referral toiled to refer minority employees.) [n &e ivent the union referral prao- tice preveab the contractor from meeting the oblr'gators pursuant to Executive Order 11246, as amended, and these special provisions, sack contractor shall immediately notify the SILAL 8. Selection of Subcontractors, Procurement of Materials and Leasing of Etlalpment: The contractor shall not discriminate on the s of[ race, color, religion, sex, national origin, age or . ity in the selection and retention of anbcon6actots, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her BBO obligations under this contract b. Disadvantaged business enterprises (DBB), as defined in 49 CFR 26, shall have equal opportunity to compete for and perform subcontract; which the contractor enters into pursuant to this contract. The conttactor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among trade employees. taontractors shall obtain hsfs of DBE construction &ins fmm SIiA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such 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 tines and places for inspection by au- thorized representatives of the SHA and the FHWA FR -5 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- partunities for minorities and women; (3) The progress and efforts being made in locating, hiring training, qualifying, and upgrading tranority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and tensile representation among their etmgloyees b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This mfomiation is to be reported on Form FHWA -1391. If on4he -job training is being required by special ions contractor will be required to catlect and report training III NONSEGREGATED FACILITIES relettd licable of ede 000 or construction contacts and to all a. By submission of this bid, the execution of this contract or subcontract, or the constunmatiou of this material suppl agreement or purchase order, as appropriate, the bidder, I =, aid construction contractor, subcontractor, material supplier, or vender, as appropriatc, certifies that the ram does not maintain or provide for its employees any segregated �ailities at any of its eslabUsiuneats, and that the firm does not permit its emplovees to perform their services at am location. under its The firm further certifies that no access to adequate facilities on the b. As used in this certification, the term "segregated facilities" means my waiting rooms, work areas, restrooms and washmoras, restaurants and other eating areas, tone clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment seas, transportation, and housing facilities provided for wMloyees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwim the only exception will be for the disabled when the demands for aaessbility override (e.g. disabled parking). Form 1273 —aVAW 345 08.0745 Page 12-69 LPP 01 -04 March 15, 2001 XXH Mir 12-B Loral � ee Procedures Manual Attaeltment B PS&E Cheeklist instructions c. The contractor agrees that it has obtained or will obtain i tanded certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or snore and that it will gain such certifications in its files. W. PAYMENT OF PREDETERMINED MINIDIUM WAGE (Applicable to all Federal -aid construction contracts exceeding 52,060 and to all related subcontract% 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 site of the work will be ppaaind unconditionally and not lass Often an th once a week and without uent deduction or taboo on any second except such payroll deductions as are pp by regulations 49 CM 3)1 issued by &e Secretary of Labor the Copeland Act (40 U.S.C. 276c) &e full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment The paymeat shall be computed at wage rates not leas than those contained in the wage determination of the Secretary of Labor (tocinafler "the wage determination') which is artadmel hereto and made a part hereof, regardless of any commornol relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and nachoule:4. The wage classifications and wegedetecs determination (including � paany additional of this Section IV and the DOL poster (WH 1 213 ) of Form FHWA -1495) shall be paged at all times by the contractor and its subcontractors at the site of the work m a prominent and atxxssihle place where it can be easily son by the wadies. For &a pip of this Section, contributions made costs reaeottaWy anticipated far bona or fide fringe benefits under Section 1 @HZ) of the Davis -Baoon Act {40 U.S.C. 2769) on behalf of llaabboorers or mechanics are masdered wages to wdt In& v or roechaetits, subject (o &e pro visions of emon IV, er 3b, haw£ Also for &a puttposo of this Section, coam'buflons made or casts inotined fo max than a Y 1� Nut not leas often Oran quarterly) under plans, fimds, or psogcanre, wlmidn coves the particular wak►y period, are deemed to be wastructively made or mcuired during such weekly paled Such lahoera and mechmics all be paid &e appropnaae wage taro and fringe benefds on the wage deter - tttmaboe for the classification of work actuallyper mxA, without regard to skill, except as provided is psragraphs4And 5 of this Section IV. b. Laborers or mechanics perlermi work in more than one each classification classification f�the fume ctuallly worked there fiProvided, that the anptoyces payroll records accurately ad forth the time spent In each classification in which work is performed. c. All rulings and 'interpretation of the Dsvia$ecou Act and related ads contained its 29 CFR 1, 3, and are herein itteorponued by reference in this contract. Pam 5273 — Renard 3.95 9g-07-95 WIV 2. Classiflcatton: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under &e contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in Ore wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to hei ers, when such a classification prevails in the area in which the work is performed. a If the contractor or subcontractors, as appropriate, &e laborers and mechanics (if known) to be employed in the addi- tional classification or thou 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 he said by the oontracfing of for to the D04 Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized repre�atanve, will approve, modify, o disapprove every additional classification action within 30 days of receipt and so advise the contacting officer Or will notify the contracting o9loer 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 remesetaOvea mid the contending • amount the contrt and an amhofized representative, will Issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that e. The wage into (including hinge benefits where appcop ) determ ne; pr aaut to milraph 2e or 2d of this SecHoa TV drsil be paid ro all wakes work in the additional classification from the firs &y on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the n®irnum wage rate prescribed in the con- no for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the connector or subcontract ors, as appropriate, shall either pay the benefit Page 12-70 March 15, 2001 LPP 01-04 P Local Assistance Procedures Manual PS&E Checklist instructions as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent themE b. If the contractor or subcontractor, as appropriate, does not makC payments to a trustee or other third person, he/she may consider as apart of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan orpregram. 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 predetemdned rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship pr gram registered with the DOL, Employment and 1Yaming Adttdnistration, Bureau of Appr,ynticeship and Tmiruiug, or wilt a State appretttceship agency recognized by the Bureau, or if a person is employed in his/her fast 90 days of probationary employment as an aapppprreennties in such an apprenticeship progan, who is not mdiYidually registered in the pro pgam but who has been certified by the Bureau of A rceabip and Training or a state aapppprentieeahip agency ( appropriate) to be eligible for pro nary employment as an appaentiCo. (2 The allowable ratio of apprentices to journeyman -level amp oyees an the job site in any craft classification shall not be Uhan rte redo pemdtted to the contractor as to the en tut work force under the registered punter Any employ,x listed on a payroll at an apprentice wage rate, who 6e�t d iregistettd dun or •se employed as stated above, shall pal applicable wage rate listed in the wage detemdnaton 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 Frate on the wage determination for the work actually ormed. Where a contractor or subcontractor is performing construction on a project in a locslity other than that in which its program is registered, the ratios and wage rates (expressed in perentageu of de journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed (3) Every apprentice must be paid at not less than the into specified in the registered program for the srentic's level of progtrsa expressed as a percentage of rte joumeyman- level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the appmatcesbip program If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe beaefits listed on the wage determination for the applicable classification. if the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that demmtination. FR -7 LPP 01 -04 1� i r �:u; 3 ,. 0001 (4) In the event the Bureau of Apprendoesbipp and Training, or a State apprenticeship agency recognised by the Bureau, withdraws approval oCC an apprenticeship program, the contractor or subcontractor will no longer be penmdttd to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an ac=ptable program is approved- b. Trainces: (1) Except as provided in 29 CFR 5.1 6, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level aiuployees on the job site shell not be greater than permitted under the plan approved by the Bmplo t and Training Administration. Any employee listed on the payroll at a trainee rate who is Trot 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 perform d. In addition, any trainee pert'omnng work on the job site in excess of the ratio pemtitted wader the regime program shall be paid not less =the applicable wage raft on the wage determination for the work actually performed. (3) BvesY trainee must be paid at not less than the rate spemfied in the approved program for hisher level of progress, expressed as a percentage of the loumeyraan -level hourly rate specified in the applicable wage detamtination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program if fbe trainee program does not mention fringe benefits! tra seas shell a paid The full ammuat of fringe benefits bated on the wage de[®ination unless the Administrator of the Wow aid flour Division determines That there is an apprenti oesmp pro associated with the g jottmeyman -level rvagde ate an rte wage delermmaatio�n which provides for less that full fringe benefits for a as a carne such trainees shell re- ceive (4) In the event the Employin' t end Training Adminis- nahon withdraws approval of a tracing program, fhe can - tractor or subcontractor will no longer be permitted to uffiiz' e trainees at less than the applicable predetaffintd rate for the work performed until an acceptable program is approved. C. Helpers: Helpers will be permitted to work on aprqect if the helper classification is spe tilled and defined on the applicable wage determination or is approved ppunnuai to the conformance procedure set forth in Section 91. Any worker listed on a payroll at a helper wage raft, who is not a helper under so approved definition, shall be pad not less than the applicable wage rate on the wage detertmnaton for the c[assiflce 'on of work actually performed. Fomo 7173— aevi%d3 -9S 01.07 -9s Page 12.71 March 15, 2001 ERHTBIT 12-1 Local Assistance Procedures Manual Attachment B PS&E Cheeldist Instructions & Apprentices and Trainees (Programs of the U.S. D01): Apprentices and trainees working under spprarticesbip and skill training programs which have been ce ified by the Secretary of 'iimtspotialion as promoting EEO in connection with Federal -aid highway cc on. programs are not subject to the requirements of paragraph 4 of this Section IV. the straiglrt time hourly wagge rates for apprentices and trainees under such programs will be established by the particular progrema The ratio of apprentices and trainees to joureymen shall not be greater than pemritted 6y the terms of the particular progam 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of Ste DOL withhold, or cause to he withheld, from the contractor or subcontractor under this contract or any other Federal contract with the as= prince contractor, or any other federally-assisted contract sub'xt to Davis -Bacon prevailing wage requitennents 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 mcebanics, including s�itbcontracto�r the DA summit of w8 the connector e wages sired the contract act. In due event of fLilure to pay any ldt cT or moolianic, incladiap any sp ew trainee, or he employed or working on the site of the wonrl; all or part of due wages required by the oumtraet tlha SHA 00 officer may, after vmum notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds ®Ill such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any pat of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (Including apprentices, trainOEi, and helpers described in paragraphs 4 and 5 above) "I require or perrort any laberer, mechanie, watchman, or guard in any wmkweek:a Whelk hershe is employed on such work, to work in etcass of 40 hors in such workwcek unless such laborer, mechanic, watchman or anted receives compensation at a rate not less than NOW basic rate of pay for all hours worked in excess of 40 hours in such wodtwak. L Violation: th bility for Un aid Wages uidated Damages: In the event of any violation of the claue set forth in pparagraph 7 above, the contractor sad any subcontractor responsibda thereof shall be liable to the af&ete t employee for hislher unpaid wages. in addition, such contractor and subcontractor shall be liable to the United Stag m the case of work done under contract for the District of bbl 'a or a terriitory , 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 paraarap 17, n the sum of $10 for each calendar day on which such �' pfoyce was required or permitted to work in excess of the standard work week of 40 boom without payment of the overtime wages required by the cause set fort[ in paragraph 7. Form 1273 — Revhed 3.95 08-07-95 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 any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph S above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction corrtraets excelling $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3)t 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 retating thereto shall be nidt ainad by the contractor and each subcontractor during the course of the work and preserved for a period of .3 yews from the date of completion of the contract for all laborers, mechanics apprentices, trainees, watchmen. helpers, and guards working at the site of the work ds shall contain tie name, social security rf each such employee; his or her correct rates of wages paid (including rates of of the Davis Bacon Act); daily and weekly number of hours 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 rat, normally reside in the labor area as defined in Attachrumt A, paa�r 1. Whenever the Secretary of Labor, pursuant to Seo- aoa N paragrpt 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably athtidpated in pro boards ender a plan or program desenbed in Seeioo t )(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such beaetts is enforceable, that the plan or program is finimcially responsible, that the plan or program has been communicated In writing to the laborers or mechanics affected, and slow the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved program 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 LPP 01-04 Local Assistance Procedures Manual EDIT 12-E PS&E Cheddist Instructions Attachment E a Each contractor and subcontractor shall famish, each weep in which any contract work is performed, to the SHA resident tagfncer a payroll of wages paid each of its employees Including apprentices, a, and helpers, described in on IV, paragraphs 4 and 5, and watchmon and guards en- gaged on work during the preceding weekly payroll period). Tice payroll submitted shall set out socurately and completely all of the information required to be maintainal under ptragraph 2b Of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the SuperiMevdcut of Documents (Federal stock number 029- 005 - 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402. 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 who ppaays or supervises the payment of the persons employed under the contract and shall certify the following: (t) that the payroll for the payroll period contains the Information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has bem prod the full weeklyy wages earned, without rebate, either reedy or fad' y, and that no deductions have been made either directly or indbudy froth the fhdl wages earned, otter than permissible deductions as so forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fritip benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set firth on the reverse side of Optional Form WH 347 shall satisfy the requirement for submission of the Btatemeat of Compliance" required by paragraph 2d of this Section V. £ The falsification of any of die above certifications may subject the contractor to civil or criminal prosecution under 18 U. C. 1001 and 31 U.S.C. 231. gg The contractor or subcontractor shall make the records re- uired under paragraph 2b of this Section V available for in- spection, copying, or transcription by authorized representatives of the SHA, to PRIMA, or the DOL and shall penilt such representatives to Interview employees dmmg g bouts on the job. If the contractor or subcontractor fai to submit the re- quired records or to nuke thrm e avetsble, The SHA, the FRWA, rte DOI, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be mee- essmy, to cause the suspension of my f rrdw payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VL RECORD OF MATERIALS, SUPPLIES, AND LABOR L 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, hihgghway beautification contracts, and contracts for which the total final wnsbuctien coat for roadway and bridge is less than $1,000,000 (23 CFR 635) the connector shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Fluids," 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 Font FHWA -47. o. Famish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragsph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prima contractor's' option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VQ. 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 gteatw percentage if specified elsewhere in the comma) of the total original contract pick excluding my specialty items designated by the State. Specialty items nay be performed by subcontract and to amount of any such specially items performed may be deducted from the total original comma ppnncc before competing the amount. of work reqH�i�red to be per#bmxd by die contractor's own orgamiunm (23 CFR 635). FR -9 a. "Its own organization" shall be construed to include only workers employed and paid directly by rho prima contractor and equipment owned or tent¢d by die prince contractor, with or without operators. Such term does not Include employees or equipment of a subcontractor, assignee, or agent of the prime oonnactor. b. "Specialty Items' shall be construed to be limited to work that requires ly specialized knowledge, abilities, or equlpmctn not ly available in the type of connecting orgem ors qualified and expected to bid on the contract as a whole and in general are to be if rdted to minor components of the overall contract. Fwm 1275 —Reri ed 3.95 e&rr-95 Page 12-73 LPP 01-04 March 15, 2001 ERHIBIT 12 -E Local Assistance Procedures Manual Attachment B PS&E Checklist Instructions 2. The contract amount upon which the requirements set forth in p=Zmph t of Section VQ is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contact provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting offiar determines is necessary to assure the performance of the contract 4. No portion of the contract shall be sublet, ass�'�tted ar otherwise disposed of euept with the wrhtea ooneca of die SHA contracting o cer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any trsponsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract fs evidenced in westing and that it contains all pertinent provisions and n iui-- %MentS of the prime contract VID. SAFETY: ACCIDENT PREVENTION 1. in the performance of this contract the contractor shall comply wilt an applicable Federal, State, and local laws govern. safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devlas and protective equipment and take any cater needed actions. as it determines, or as the SHA contracting officer may deteunmue, to bat reaseoably necessary to protect the life and health of employees on the job and the safety of the public and to prated property in cotmection with the performance of the work coveted by the eonrr„rr- 2. It is a ewtditioa of this contract, and shalt be made a can - dition of each subcontract, which the contractor enters into pus, arum to this oonuaa, that the contractor and any subcontractor shall not permit any employee, in perfor anoe of the contract, to work in surroundings or under conditions which rue unsanitary, bazzalcus or dangerous to hia0her health or safety, as determined under construction safety and health standards (29 CFR 1926) 07i f du OmtnaotS Work Flue s�� Safety Standards Act 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thae4 shall have right of entry to any cite of contract perfomance to hupxt or investigate, the matter of compliance with tine construction safety and health standards and to carry not the dates of the Seaelary under Section 107 of the Contract Work Hours anti Safety Standards Act (40 U.S.C. 333). DL FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to astute high quality and durable construction in conformity with approved plans and specifications and a high delta of tenability on stateunents and represeuadans tthada y ors, aatractors� � pli � and workers on Federal-aid way projects, it is hb persons concerned with the .purled perform their functions as carefully, . thoroughly, and lhonesty as possible. Willful falsification, distortion, or mis- repmeattation with respect to any facts related to the project is a violation of Federal law. To prevent my misunderstanding rat Farm 1273 —RVVbW 3.95 09-07-95 gatding Ste seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway projed (23 CFR 635) in one or more places where it is readily table to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United Skates, or any State or Territory, or whoever, whet a person, association, firm, or o"oratfam knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be ed, or the cost thereojin mznectian vole tike submission ojplans awps. specifrcntions, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, aloe repre- sentation, false report orjalse data with respect to character. Va Any, quara ty, or cost o1 any work performed or to be per - -wuh the eonma s fun ed or to be fin "ked. inc rmection with the Secrets of a0 �woY pwj approved Secretary oj21=4 o tatfon; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statementi caqk^ or report submitted pursuant to provisions of the P d Roads dd approved ✓tidy 1. 1916, (39 Skat 355), as amended and Sup- plem rated, Shalt be fined not mare that $10,000 or imprisoned not more than 5 years or both. ° K 99PLEM MTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT cable to all tel tad ii ibeoatracle of $e 100,000 or more.) on contracts and to all By submission of this bid or the execution of this contract, or subcontract, as the- the- bidder, Federal -aid construction or bt ed as follow& as will be deemed to have etipu L That my tadlity that is or will be utilized in the of this contract, notes such contract is wompt under the Clean Air Act, as antended (42 U.S.C. 1857 at se amended by Pub. L 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as emended by Pub. L. 92.500), Executive Order 11738, and regulations in implementation dhercof U.S� 15) is PI m pion Agency (EPA) List of uhta8 Facilities pursuant to 40 CPR 15.20. 2. That the Orm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clem Air Ad and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the Oat shell promptly no nty the SHA of the receipt of any communication earn the Director, t, of Federal Activities, SPA, 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 EXOMIT 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 govemment 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 CFR 29) a By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to v will not necessarily result M below. Time certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, faittnaof the prospective primary participant to famish a certification or an explanation shall disqualify such a person iiom participation in tills transaction. a The certification in this clause is a material representation of fact upon which reliance was placed when the depatment or agency determined to enter into this transaction If it is Ida ave primary participant eran ahe Pcertification, in addition to Outer ratiedies available to the Federal Government, the department or agency may terminate this transaction for cause of de d. The prospective prninall provide im, mediate written notice Io the zP artment or agency to whom this proposal is submitted if any thus the prospective primary participant learns that its eetificadon was erroneous when submitted or has became erroneous by reason of changed circumstances. e. The terms "covered transaction. "debarred," 'suspended," "meligibk," "lower tier covered transaction,° "pacticipany" and voluntarily excluded," as used in �s clause, have the nk0ninga set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency W which this Proposal is submitted for assistance in obtaining a copy of those regulations. f The prospective Primary participant agrees by submitting this proposal t hat, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier coveted transaction with a person whose debarred, suspended, declared ineligible, or voluntarily excluded tram participation m this covered transaction, mines anthotized by the department or agency entering into this transaction. Xgg.. The prospective pnamry, put' cipant further agrees by this proposal that n will include the clause traded " Cetification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusten -Lower Tier Covered Transaction; provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all seHchations for lower tier covered transactions. IL A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may but is not required to, check the nonprocumment portion of the "Lists of Parties Excluded From Federal Procuranwitor Nouprocuremem Programs" (Nouprounement List) which is compiled by the General Services Administration. FR -11 i. Nothing contained m the foregoing shall be construed to require establishment of a system of records in order to reader in good faith the certification required by this clause. The =Vknowlee and information of Is not required to at which is annually Poems 1w a prudent person in the ordinary course of buirmeas dealings. j. Except for transactions authorized under` paragraph f of dim instructions, if n pathotpaut m a covered transaction knowiitfly enters into a lower tier covered transaction with a person who to saspionded, debarred, ineligible, or voluntarily excluded fiom -available erm ' m this transaction, In addition to other remedies to the Federal Government, the de- partment or agency may terminate this transaction for cause or default. k M#kk Certification Regarding Debarment Exchision —on, ��d Voluntary ansact ons 1. The prospective F- certifies to the best of its knowledge and belie$ that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligmble, or voluntarily excluded from covered transactions by any Federal department or agency, b. Have not within a 3- period preceding this sal been convicted of or had acivil judgment ante st them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perlbirming a public (pederal State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, c, Are not presently Meted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and Fpm 2273 —RcAwd "5 08-07-95 Page 12-75 LPP 01 -04 March 15, 2001 EXMrr 12-E Local Assistance Procedures Manual Attachment B PS&E Checklist Instructions d. Have not within a 3 -year period preceding this ap. pfxat�on/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where rite prospective primary participant is unable to cmdry to any of tine statements in this certification, such Prospective participant shall attach an explanation to this propoe1- !f!!f 2. Iastructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. In. The certification in this clause is a material representation of filet upon winch reliance was placed when this transacdon was entered into. If it is later determined dim the prospective lower tier pertiwcappant knowingly rendered an erroneous otification, in addition to other remedies available to the Federal Government; the department or cy with which this transaction hated may pursue avaflabbrenmedies, including suspension and/or debarment Q The prospective lower tier particippaanntt shall provide immediate written notice to fine person to which this proposal is submweell if at any time the prospective louver tier partictpant learns tint its certification was emoneous by reason of changed chamstaances. d. The tarns "covered transaction," "debarred" 'susQemded," "ineligible," "primary covered transaction," participant," . "persoq" "proposal,' and "vohmtan7y excuded," as used in this clause, " ve the maiminoa set out in the De6niflons and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this pro is snbrrvtted for assistance in obtaining a copy ofthose regulations. e. The prospective lower tier participant agrees by submitting this proposal disc 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, (d&wcd ed ngibto, or voluntarily axciuded from participation in this Doused tr�adictr, unless authorized the department or agency wiflm which this transaction originated. £ The prospective lower der * cipant further agrees by miandaing this Pro posal that it win include this clause tided "Ca `6catilu fRegarding Debatmatt Suspension, Indigibilit and exclusion -Lower Tier Covered TYansa don, without modfficatioa. in all lower der covered transactions and fn all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it (mows that the certification is erroneous. A participant may decide the method and ttequency by which it determines the el- igibility of its principals. Each participant may, but is not Farm 1173 — Reused 345 err -07-95 requited to, check the Nonprocuremeut List It. Nothing contained in the foregoing shall be condoned to require establishment of a system of records in order to tender in good faith the certification required by this clause. The Caowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course ofbusincss dealings. t Except for transactons authorized under paragraph a of these instructions. if a participant in a covered transaction knowingly enters raw a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded farm participation in this transaction, in addition to other remedies available to the Federal Govemment, the de- patiment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. kk*fk Certification Regarding Debarment, Suspenslon, faellglbtUty and Voluntary Exclusion -Lower Tier Covered Transactions 1. The prospective � tier participant eai by submission of this proposal, tsat neither i nor its princip als is presently suspended, proposed for debarment, declmcd ineligible, or voluntarily excluded from participation in this transaction by any Federal deparmment or agency. 2. Where the prospective lower tier participant Is unable to canify to any of the statements hi this certification, such prospective participant shall attach an explanation to this proposal. *RR *k X11. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Ppp licable to all Federal -aid construction contracts and to all re subconuaets which exceed $100,000 - 49 CPR 20) [.The eotive participant certifies, by sign is and aubmittin thud or proposal, o the best of his or herknowledge and belie that: a. No Federal appropriated fords have been paid or will be paid, by or on behalf of the undersigned to any person for lulu or attempting to influence an officer or emmloyee of any F agency, a Member of Congress, an affiffiarar or employee of Congress, or an employee of a Member of Co m oomxtioa with the awarding of any Federal contract, the making of any Federal gran, the making of any Federal loan, the entering into of any cooperative egeement, and the extension, comnncetinn, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement b. If any funds other than Federal appropriated funds have been paid or will be to any person for infiuencmg or attempting to utfiuence an o rcer 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 oonuact, FR-12 Page 12-76 March 15, 2001 LPP 01-04 I.acal Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachnmt B 8k loan or cooperative agreement the ttndersigned sbali be subject to a civil penalty of not less than 510,000 and not more complete and submit S[andatd Form LLL "Disclosure Form to than 5100,000 for each such failure. Report Lobbying," in accordance with its instructions. 3. The prospective participant also agrees by submitting his or 2. This certification is a material representation of fact upon her bid or proposal that he or she shall require that the language of which reliance was placed when this transaction was made or en- this certification be included in all lower tier subcontracts, which Wed into. Submission of this certification is a prerequisite for exceed $100,000 and that all such recipients shall certify and making or entering into this transaction imposed by 31 U.S.C. disclose accordingly. 1351 Any person who fails to file the required certification shall FEDERAL -AID FEMALE AND MINORITY GOALS In accordance with Section IL "Nondisorirniaadmo of 177 Sacramento, CA "Required Contract Provisions Federal -aid Construction _ Contracts" the following are the goals for female utilization: SMSA Counties: 6920 Sacramento, CA ... ............................... 16.1 (lost for Women CA Placer CA Sacramento; (applies nationwide ) ..............(percent) ........ 69 CA Yolo. . The following are goals for minority utilization Non -SMSA Counties. ....................................... 14.3 CA Butte; CA Colusk Non -SMSA Counties ......... ............................... CA BI Dorado; CA Glenn; CALIFORNIA ECONOMIC AREA CA Nevada, CA Siena; CA Sutter, CA Yuba Dual (Percent) 178 Stockton- Modesto, CA: 174 Redding, CA: Non-SMSA Counties ............. CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, CA: Nan -SMSA Counties . ...... - ................. CA Del Norte; CA Humboldt CA Trinity. 176 Son Francisco-Oakland -San Jose, CA: SMSA Counties: 7120 Salinas- Seadde- Montarey, CA ............ ............................... CA Monterey. 7360 San Francisco-Oakland, CA, ................ CA Alameda; CA Contra Costa; CA Maria; CA San Francisco; CA San Mateo. 7400 San Jose, CA ......... ............................... CA Santa Clara 7485 Santa Ctuz, CA... ..... .................._....... CA Santa Cruz. 7500 Santa Rosa, CA .......... ....... .............. ... CA Sonoma. 8720 Vallejo - Fairfield- Napa, CA ................ CA Napa; CA Solano Non-SMSA Counties ... ........ ............................ CA Lake; CA Mendocino; CA San Benito. FR -13 Fenn 1273 — Revised 3+95 OW-95 Page 12-77 LPP 01 -04 March 15, 2001 SMSA Counties: 6.8 5170 Modesto, CA ........ ............................... 123 CA Stantslaus. 8120 Stockton, CA ........... . ................. _........ 24.3 CA San Joaquin. Non -SMSA Counties ......... ............................... 19.8 CA Alpice; CA Amador; 6.6 CA Calaverm; CA Mariposa; CA Merced; CA Tuolumne. 179 Fteato-Baliersfield, CA: SMSA Counties: 0680 Bakersfield, CA ... . .................... .. ... ..... 19.1 CA Kem. 28.9 2840 Fresno, CA. ......................... _............. 25.1 CA Fresno. 25-6 Non -SMSA Counties .................... I ....... I........... 23.6 CA Kings; CA Madera; CA Tulare. 1 g0 Los Angeles, CA: 19.6 SMSA Counties' 14.9 0360 Anaheim -Santa Ana - Garden Grove, CA .................. ............................... 11.9 9.t CA Orange. 4480 Los Angeles -Long 17.t Beach, CA .................. ............................... 28.3 CA Los Angeles. 6000 Oxnmd -Sinn Valley - 23.2 Ventura, CA ............... ............................... 21.5 CA Ventura. FR -13 Fenn 1273 — Revised 3+95 OW-95 Page 12-77 LPP 01 -04 March 15, 2001 E71E01aLr iz-E Local Assistance Protedum Manual AttadWrient S PS&E Checklist Instructions 6780 Riverside -San Bernardino- Ontario, CA. __ . 19.0 CA Riverside; CA San Bernardino, 7480 Santa Barbara-SantaMaria- L.ompoc, CA ........... _ . ............................... 19.7 CA Santa Barbara. Non -SMSA Counties ...... _ .... .._ ........................ 24.6 CA lnyo; CA Mono; CA San Luis Obispo. 181 San Diego, CA: SMSA Counties 7320 San Diego, CA .... ............................... 16.9 CA San Diego, NonSMSA Counties ......... ............................... 18.2 CA Inglerial. . In addition to the report ing requvements set tbrth elsewhere in this tarmac[ the Contractor and subcontractors holding subcontracts, not including material suppliers, oft 10,000 or more, shall submit for every mouth of July during which weak is performed, employment data as contained under Perm FRWA PR 1391(Appendix C to 23 CPR. Part 230), and in accordance with the instructions included thereon. Form 1273— R.eWrod3A5 ow-95 FR-14 Page 12-78 March 1s, 1001 LPP 01.04 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IiRISTOL STREET NORTH STREET REHABILI' ATIO FROM CAMPUS DRIVE TO JAMBOREE R04D CONTRACT NO, 3015 BOND NO. 088 53 329 FAITHFUL PERFORMANCE BOND EXECUTED IN FOUR (4) PARTS The premium charges on this Bond are $ 2,285.00 being at the rate oil $ 4.25 thousand of the Contract price. WHEREA1., the City Council of the City of Newport Beach, State. of California, by motion adopted, awarded o All American Asphalt, hereinafter designated as t is "Principal ", a contract for construction cl BRISTOL STREET NORTH STREET REHABILITd,T10N FROM CAMPUS DRIVE TO JAMBOREE ROAD, Contract No. 3815 in the City of P lewport Beach, in strict conformity with thO plans, drawings, specifications, and other Contract 1: ocuments maintained In the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREA,% Principal has executed or is about to execute Contract No. 3815 and the terms thereof requilre the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California as Sure (hereinafter "Surety"), are held and firmly bound ulto the City of Newport .Beach, in the surf of Five Hundred Thirty -Seven Thousand, Five Hundred Thirty -Seven Hundred Dollars nd 001100 ($537,537.00) lawful money of the United States of America, said sum being equal qD 100% of the estimated amount of the Contract, L: be paid to the City of Newport Beach, itq successors, and assigns; for which payment well acid truly to be made, we bind ourselves, o qr heirs, executors and adminfstratorg, Successors,.. or assigns, jointly and severally, firmly by these present. THE CONDIITION OF THIS OBLIGATION IS SUCH, that if the Pr ncipal, or the Principal's heirs, executors, adiministrators, successors, or assigns, fail to abide by, and well and truly keep and perform any for all the work, covenants, conditions, and agreements In the Contract Documents and e6y alteration thereof made as therein provided on is part, to be kept and performed at the tirhe and in the manner therein specified, and in all respi cots according to its true Intent and meanings or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, empioy¢es and agents, as therein stipulated, then, Surety v -ill faithfully perform the same, in an amourit not exceeding the sum specified In this Bond; other, vise this obligation shall become null and void. 68 0 0 As a part bf the obligation secured hereby, and in addition to thF face amount specified in this Performance! Bond, there shall be included oosts and reasona ate expenses and fees, including reasons le attorneys fees, incurred by the City, only In the ev, mt the City is required to bring an action in liaw or equity against Surety to enforce the obligations c •f this Bond. Surety, fod value received, stipulates and agrees that no ctu nge, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby} waive notice of any s4ch change, extension of time, 3iterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintain 3d by the Principal in full force and effect fof one (1) year following the date of formal acceptance c f the Project by the City. , In the evert that the Principal executed this bond as an indMd.ral, it Is agreed that the death of any such Orincipat shall not exonerate the Surety from its obiigat ons under this Bond. IN WITNE�S WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6th day of November Y006 , ALL AMERICAN ASPHALT All American Asphh t (Principal) FIDELITY AND DE�OSIT 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! F.,' WemIPOMsherecACm ¢roctstFYo64TBW$TOL ST REHAB CMISCONTRACT G3815,tloc Prccro6xX' CALIFORNIA ALL - PURPOSE State of California County of Riverside ss. On November 7. 2006 before me, Debbie A. Matsen, Notary Public, Date Name and Title of Officer Personally appeared R_ obert Bradley Name(&) of Signero) DEBBIE A. I TSEN Commission # 14525n9 -m Notary Public - California Riverside County My Comm. Expires Nov 22, 2DD7 OPTIONAL X personally known to me f saliieliaeloj-evdef to be the person(d) whose nam&A is/am-subscribed to the within instrument and acknowledged to me that helshefthey executed the same in his/ha&M& authorized capacity(ies), and that by hisiheNWeir signaturg(a) on the instrument the person.M or, the entity upon behalf of which the personfs) acted, executed the instrument. WITNESS my hand and official seal, '1JJ,.. F ff 'YYL �._ I Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fomr to another document Description of Attached Document Title or Type of Document: Faithful Performance Bond. City of Newport Beach Document Date: November 6, 2006 Signeq) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley _Individual XCorporate Officer Title($): Vice President _Partner- _Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Number of Pages: 2 Top of thumb here i x - :; ... Sw bd se. On 11 -6 -06 6abrem% BARBARA J._ RMWER p,e r...rs.ror.lw.�.ra.r.neswn PAS, ePl wood OWEN M. BROWN r�rldisM BARBARAI BENDER Commission # 1494946 .m Notary Pubic • CalfoMa Orange County My Comm. Expkes Juf 13, 2008 MReMM CaMOVOn - 14NN Maey PMe covemb etYCorsMS 9"W-.w1 I& r. IT In be the perwrt(s) wfwbe MR" OPTIONAL l/ orpklY6LOa�emlebr4rmfarger�hpbK Rmq'P�on►+ bbl+rraoerw m/re & awcowpo" hrr34wr ,a.roaraaar.�naraareltrmw bsrelerd�t J 7efeor7W*fDomnvW PERFORMANCE BMW— N0, 088 53 329 Oocumwto4ft 11n6.A6 NumberdP TWO C2) . t Odw-W o NaffsedAkwc ALL AMERICAN ASPHALT Ck*Md by Signet 0 kKbk od etmbees 0 Co0oa t 0f w —TDeW 0 Perplex— OLiri" Oeenwd 0 Taldse 0 ekwdocrCmmerretor 0 od . Signe►tbRetxeaen6eg PIDBLITY ADD DEPOSIT _COM ". OF PMRYLAND ease► rrb. rreaw� ..ar.•aob.wr�wr.ene.aM¢.crr wa - ..ems... ,� v vr.rwv emeweee=+4oweau 0 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 dale h e by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al kings and the execution of such bonds or undertakings in pursua e s on said Company, as fully and amply, to all intents and purposes, as it t E ged by the regularly elected officers of the Company at its office in Bal r6 hei��xe is power of attorney revokes that issued on behalf of Owen M. BRM It uary L72C1 The said Assistant 'SE Section 2, of the By-L—t` IN WITNESS affixed the Corporate December, A.D. 2004. ATTEST: y awn i C a" W Ortifyihat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. REOF, 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 City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 41J 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 instrument, and they each acknowledged the execution of the same, and being by me duly swum, 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. ���a�i�nrgp ���r "itotF •�c . tsrw.w ��1�� Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 012 -4160 0 • 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, 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 1, 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 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: "Thal 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 he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6th day of November .1 2006 yam' C, Assistant Seemon Client#: 4475 ALLAMERI2 ACORb� CERTIFICAW OF LIABILITY INSU NCE 11103106DmY» PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Calco Ins Brokers & Agents Inc Lic #OB29370 (714) 937 -1824 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EATEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One City Blvd W, #700 LIMITS Orange, CA 92868.2947 INSURERS AFFORDING COVERAGE NAIC # INSURED All American Asphalt O Box 2229 POI 22 92878 -2229 INSURER A: Arch Specialty Insurance Co. 06/01/07 INSURER B: Great American Ins.Co (OH) $1000000 INSURER C: Seabright Insurance Co $100 ,000 INSURER D: Hartford Fire Insurance Co. $ INSURER E: $1066006 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE D D POLI PIRATON DATE MMlDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GPP000872901 Cart. Holder is named additional insured if required by written contract 08/01106 06/01/07 EACH OCCURRENCE $1000000 DAMAGE TO RENTED n $100 ,000 MED EXP (My one person) $ PERSONAL & ADV INJURY $1066006 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a P LOC PRODUCTS- COMP /OP AGO $2000000 D AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONAWNED AUTOS 72UENGK5491K2 Cart. Holder Is named additional Insured If required by written contract RA 08/01/06 � pP CE ^' • 08/01/07 COMBINED SINGLE UMR (Ea scolded) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY jPeramdeM) $ X PROPERTY DAMAGE Pereccidenl) $ GARAGE LIABILITY ANY AUTO DATE SK MA A ER AUTO ONLY - EA ACCIDENT $ THAN EA AGG AUTO ONLY: AUTO ON AGO $ $ B EXCESSAJMBRELLA LIABILITY OCCUR FI CLAIMSMADE DEDUCTIBLE X RETENTION $10,000 TUES950076 08/01106 08/01107 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? It yes. describe under SPECIAL PROVISIONS below BB1060243 06101(06 08/01107 X I WC STATU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,900 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Bristol Street North Street Rehabilitation from Campus Drive to Jamboree Road - Contract No. 3815 "2axplwcw City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THE ISSUING INSURER WILL X%aA(XRM MAIL an DAYS WRITTEN CERTIFICATE HOLDER NAMED TO THE UEFT,AXUAKXXX=DQ*9XKLCK ACORD 25 (2901108) 1 of 2 #S153291M8668 SCO11 ® ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. f ACORD 25S (2001108) 2 of 2 #S153291M8668 THIS ENDORSEMEOHANGES THE POLICY. PLEASE ,AD IT CAREFULLY. BLANKET ADDITIONAL INSURED SECTION III — WHO IS INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with the Named Insured to be named as an additional insured, but only with respect to liability arising out of your operations, "your work ", or premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. City of Newport Beach, the County of Orange, their officers, agents, officials, employees and volunteers Project: Bristol Street North Street Rehabilitation from Campus Drive to Jamboree Road - Contract No. 3815 I NSURANCE AP 1 d �' Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: GPP000872901 Named Insured: All American Asphalt Endorsement Effective Date: 8!1106 00 CGL0006 00 02 04 aWy Docs\ALLIEndt.doc 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - BROAD FORM, CGL POLICY ENDORSEMENT It is hereby agreed that the following paragraph is added to Section IV, Commercial General Liability Conditions, Item 4: Where the named insured is required by a written contract to provide insurance that is primary and non - contributory, and the written contract so requiring is executed by the named insured before any loss, this insurance will be primary, but only if and to the extent required by that written contract. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. All other terms and conditions of this Policy remain unchanged. SURANCEAFFR f i �/ d D E RI ER Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: GPP000872901 Named Insured: All American Asphalt Endorsement Effective Date: 811/06 00 CGL0130 00 0104 Page 1 of 1 • • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach, the County of Orange, their officers, agents, officials, employees and volunteers project: Bristol Street North Street Rehabilitation from Campus Drive to Jamboree Road - Contract No. 3815 WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/1/06 Policy No. BB1060243 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 811/06 Insurance Company SeaBright Insurance Company Countersigned By WC 04 03 06 (Ed. 4 -84) ®1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. i:m bfiANCE APP DATE WORKERS COMPENSATION ANDIPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. 4 ir:mr Person or Organization Job Description City of Newport Beach, the County of Orange, their officers, agents, officials, employees and volunteers Project: Bristol Street North Street Rehabilitation from Campus Drive to Jamboree Road - Contract No. 3815 WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/1/06 Policy No. 661060243 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 811/06 Insurance Company SeaBright Insurance Company Countersigned By WC 04 03 06 (Ed. 4 -84) 01888 by the Workars' compensation Insurance Rating Bureau of California. All rights reserved. 5 �# SURANCE G� !l / Cv DAf E t'lcu n. r • COMMERCIAL AUTO CA 00 0112 93 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and is not covered. Throughout this policy the words "you" and "your" referto the Named Insured shown In the Declarations. The words "we ", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos ". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION 1 = ANY "AUTO ". 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4= OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that are not of the private passenger type (and for Llablltty Coverage any "trailers" that you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of afterthe policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This Includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits In the state where they are licensed or principally garaged. 6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law In the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This Includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 = SPECIFICALLY DESCRIBED "AUTOS ". Only those "autos" described In ITEM THREE of the Declarations for which a- premium charge Is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in ITEM THREE). 8 = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not Include any "auto" you lease, hire; rent, or borrow from any of your employees or partners or members of their households. 9 = NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used In connection with your business. This Includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 1, 2, 3, 4, 5 or 6 are entered need to a coverage In ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the poll per o . N CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Peas 1 of 11 _9 F 2. But, If symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a: We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire It that you want us to cover it for that coverage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS If Liability Coverage Is provided by this-Coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: A. COVERAGE 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that Is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss "; or e. Destruction SECTION II - LIABILITY COVERAGE We will pay all sums an "Insured" legally must pay as damages because of "bodily Injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto ". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this Insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos ". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily Injury" or "property damage" to which this insurance applies that Is caused by the same "accident ". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense ". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may Investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. WHO 15 AN INSURED The following are "insureds ". a. You for any covered "auto ". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone also from whom you hire or borrow a covered "auto ". This exception does not apply If the covered "auto" Is a "trailer" connected to a covered "auto" you own. (2) Your employee if the covered "auto" Is owned by that employee or a member of his or her household. (3) Someone using a covered "auto' while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (A) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered "auto'. Page 2 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 (b) A partner of yours for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "Insured" described above but only to the extent of that liability. 2. COVERAGE EXTENSIONS a. Supplementary Payments. In addition to the Limit of insurance, we will pay for the "Insured": (1) All expenses we incur. (2) Up to $250 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, Including actual loss of earning up to $100 a day because of time off from work. (5) All costs taxed against the "insured" in any "suh" we defend. (a) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" we defend, but our duty to pay Interest ends when we have paid, offered to pay or deposited In court the part of the judgment that is within our Limit of Insurance. b. Out -of -State Coverage Extensions. While a covered "auto" is away from the state where it Is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" Is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property, CA 00 0112 93 • (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "Insured ". 5472. CONTRACTUAL Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have In the absence of the contract or agreement. 3. WORKERS` COMPENSATION Any obligation for which the "insured" or the "insured's" Insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to: a. An employee of the "insured" arising out of and In the course of employment by the "Insured "; or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. Copyright, Insurance Services QfFce, Inc., 1993 Page 3 of 11 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: 11 -8 -06 Date Completed: 11 -8 -06 Dept. /Contact Received From: Shauna Sent to: Shauna Company /Person required to have certificate: I. GENERAL LIABILITY By: April Walker All American A. INSURANCE COMPANY: Arch Specialty Ins. Co. B. AM BEST RATING (A: VII or greater): A -XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 2mil agg/ lmil occ ® Yes ❑ No ® Yes ❑ No 16 �1111� ❑ Yes ® No 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. H. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Fire Ins. Co. B. AM BEST RATING (A: VII or greater): A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ® No 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 0 11I. WORKERS' COMPENSATION A. INSURANCE COMPANY: Seabright Ins. Co. B. AM, BEST RATING (A: VII or greater): A- VIII C. LIMITS: Statutory 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? GL: Best rating less than the requirement; Ins. co. not admitted. Auto: additional insmed endorsement missing. WC: Best rating less than the requirement. • Calco Insurance Brokers & A ents, Inc. On. Citly s:vd `Ncst, Suite 760 Orange. CA 92368 -3869 Pb: 1714)937 -ig24 : x:;714) 833.1328 November 9, 2006 Lie. Na. oanVn City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92658 -8915 RE: All American Asphalt Dear Shauna: We are in receipt of the notice advising that the rating of the General Liability carrier for our client does not meet the requirements of the contract under the above - captioned account number. As you are aware, carriers have been limiting their classes of business they write, especially for contracting risks. While we approach the marketplace for the best carrier for our client, we are limited as to the ones we can place coverage with due to their reluctance to endorse the policy with the coverages and endorsements that our client needs. With that said, ARCH Specialty was able to meet the requirements for our insured and the many contracts they have. While the types of coverages are important items, the rating of the carriers is also another important factor to us. The rating of ARCH is "A -" which is classified as Excellent by A.M. Best. The rating of "A" as reflected in your request, also is classified as Excellent. Since the contract calls for a carrier rated as Excellent, and ARCH is rated as such, please accept this carrier for our client. The second issue is in regards to the automobile additional insured endorsement. The carrier for the auto coverage remains with Hartford and they automatically include additional insured status to those entities requiring this coverage in a contract. Due to this automatic coverage, the carrier does not issue separate additional insured endorsements, so as the City of Newport Beach has this requirement in your contract with All American Asphalt, you are considered as an additional insured. Thank you and should you have any questions, please feel free to contact me. Sincerely;, Kathy Lopez Sr. Account Manager {714 } 937 -4270 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD STPL -5151 (020) CONTRACT NO. 3815 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. 3815 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization Dollars hw@A•a�a ..am sv- t ar5 and Cents Per Lump Sum 2. Lump Sum Traffic Control ( 0- Niftw, eiAin,w..,1 n:.,+ Dollars h� and Cents Per Lump Sum 3. Lump Sum Vegetation Removal and Grading a(1h� fivr ffuusa,� Dollars and Cents Per Lump Sum 4. 190,990 S.F. Cold -Mill Asphalt Pavement @ Dollars and goo (tin[ Cents Per Square Foot 60 VAT, iJj X01= $ 31i fto $ S boU M1 1 =110 PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 221 TONS 13 -inch Thick Crushed Miscellaneous Base Dollars and Cents $ 0 $ Per Ton 6. 34 TONS 3 -inch Thick Asphalt Base @j uhw1yd a".1 lot �ollars and Cents $ $ J A Per.Ton 7. 2,380 TONS 2 -inch Thick Rubberized Asphalt Overlay @.SauenSca er, Dollars and Cents $ = $ 1 L3. ;w Per Ton .8. 245 L.F. Remove &Construct PCC A87A Type "A2° Shedding Curb & Gutter @ 641 Dollars and Cents $ 6, $ / /,pia Per Linear Foot 9. 45 L.F. Remove & Construct PCC A87A Type "A2" Curb & Gutter (a) Dollars and Cents $ 41(a $ 67.0 '3rO Per Linear Foot 10. 1,570 S.F. Remove and Construct PCC Access Ramp @ Dollars and " Cents $ /a. Sv $ _1_ Per Square Foot 0 PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 21.0 S.F. Remove & Construct 4 -Inch Thick PCC Sidewalk Dollars and Cents $ -9"— $ �/ Per Square Foot 12. 336 S.F. Remove and Construct 6 -Inch Thick PCC Driveway Approach (a) Dollars and rA(h Cents $ 711yo Per Square Foot 13. 2,550 L.F. Remove & Relocate Existing Caltrans Irrigation System @_ %n Dollars and Cents $ /01� $ a *Soo Per Linear Foot 14. 2,550 L.F. Remove & Construct New Chain. Link Fence @ Ci r /ew Dollars. and Cents $ /S'.— $ 20 Per Linear Foot 15. 3 EA. 3 -Foot Wide Lockable Chain Link Fence Gate @S°nEn G1un�rPc� Dollars and Cents $ ?Q7. — $ ' "0 Per Each 16. 13 EA.. Adjust Manhole Frame and. Cover to Grade @iCm, � .� {u Dollars fide and Cents $ _yam= $ ss Per Each PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 34 EA. Replace Water Valve Box, Cover and Riser and Install to Grade (oT&C b&Jozf &,,/ re., Dollars and Cents :$ 3/s $ /Q wo Per Each 18. 24 EA. Traffic signal Loop Installation Dollars and Cents $ 40c $ b'Ots Per Each 19. Lump Sum Traffic Striping @r.frn� Db4lars and - Cents $ Per Lump Sum 20. Lump Sum Survey Services @ Dollars hud� and Cents $ 55'00 Per Lump Sum 21. 1 EA. Install 2 -Inch Water Service Ca)��E'nfhous Dollars « and Cents _ $ �d $ Str Per Each 22, Lump Sum Grind Existing PCC Curb Access Ramp @Dollars and _ Cents - $ Per Lump Sum r� U E PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. Lump Sum Traffic Control EeSr�iDollars and Cents $ ys-OD Per Lump Sum 24. 17,710 S.F. Cold -Mill Asphalt Pavement @ Dollars and ✓line Cents $ <Ci% $ Per Square Foot 25. 220 TONS 2 -inch Thick Rubberized Asphalt Overlay @Seoul. - seven Dollars and Cents $ –44f. $ _sue Per Ton 26. 20 L.F. Remove & Construct PCC A87A Type "A2" Curb & Gutter @ .5i 2c 1 -Six Dollars and Cents $ 46.— $ �3� Per Linear Foot 27. 50 L.F. Remove & Construct New Chain Link Fence @ Dollars and Cents $ y0 ' $ o2.ar tin Per Linear Foot _ 28. 4 EA. Adjust Water Valve Cover to Grade 6 ui� Dollars �/eea and Cents $ 3 /,S — $ f��0 Per Each r1 PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL 29. Lump Sum Traffic Striping @ cojkks,,j1,,ela Dollars and Cents Per Lump Sum 30. 32 EA. Traffic signal Loop Installation @ d7r� �.�,�a. /fdtirf Dollars and Cents $ Per Each 31. Lump Sum Install and Maintain Advisory Signs @ Aq" 7%o"orgZAte Dollars and Cents $ /8_ Sbo Per Lump Sum 32. Lump Sum As Built Plans and DBE Certification &Aij &J,41 Dollars and Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS [ /.IC Si // t �.i !ice, ■ ., r is, r i� fly and _ AX2 Cents Date I 45f= 731m -�XPCO 195! 73i -go C�F� Bidder's Telephone and Fax Numbers AaVMT3 - 4, C -(a Bidder's License No(s). and Classification(s) $ 5-5 � — /� �'' ff �Total 1Price (Figures) l.� f7i.�(. )emu t�TN arf [T/ f�.f Bidder Last saved by srooks09/2W=6 9:22 AM fUmm4bMsharedkcontractsWaatersXCASTAWAYS PARK REVE(ETATION.doc Ir California Business Search 9 0 Page 1 of 1 DISCLAIMER: The information displayed here is current as of OCT 27, 2006 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdata/ ShowAilList ?QueryCorpNumber= CO570879 &printer =yes 10/31/2006 Corporation ALL AMERICAN ASPHALT Number: C0570879 Date Filed: 5/26/1969 Status: active Jurisdiction: California Address PO BOX 2229 CORONA, CA 92878 Agent for Service of Process THOMAS TOSCAS 400 E SITH ST CORONA, CA 92879 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdata/ ShowAilList ?QueryCorpNumber= CO570879 &printer =yes 10/31/2006 License Detail Home License Detail Contractor License # 267073 Pagel of 3 W20 } CALIFORNIA CONTRACT RS ! TTE LICENSE 8OARp DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 10/31/2006 * * * Business Information * * * ALL AMERICAN ASPHALT P O BOX 2229 CORONA, CA 92878 Business Phone Number: (951) 736 -7600 Entity: Corporation Issue Date: 01/19/1971 Expire Date: 01/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. http: //Nvww2.cslb.ca.gov /CSLB LIBRARY /License+Detail.asp 10/31/2006 0 0 License Detail * * * Classifications * * * Class i Description FA ] ENGINEERING CONTRACTOR C12 EARTHWORK AND PAVING * * * Bonding Information * * * Page 2 of 3 CONTRACTOR'S BOND: This license filed Contractor's Bond number 08727441 in the amount of $10,000 with the • bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 03/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer(RMO) DANIEL DAYTON SISEMORE certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 0111212000 BQI's Bonding Histor * * * Workers Compensation Information * * * This license has workers compensation insurance with the SEA BRIGHT INSURANCE COMPANY Policy Number: BB1060243 Effective Date: 08/01/2006 Expire Date: 08/01/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. http: / /www2.cslb.ca.gov /CSLB LIBRARY/Licrose+Detail.asp 10/31/2006 1J • M PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD STPL -5151 (020) CONTRACT NO. 3815 INTRODUCTION PART 1-- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 2 2 -93 Survey Service 2 2 -9.6 Survey Monuments 2 2 -12 FEDERAL REQUIREMENTS 2 2 -12.1 Award and Execution of Contract 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 Ll SECTION 5 UTILITIES 8 5-7 ADJUSTMENTS TO GRADE 8 5 -8 SALVAGED MATERIALS 8 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE 9 OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND 10 7 -8 COMMENCEMENT OF THE WORK 9 6 -7 TIME OF COMPLETION 9 6 -7.1 General 9 9 6 -7.2 Working Days 9 6 -7.4 Working Hours 12 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 -8,6 Water Pollution Control 11 7 -8,6,1 Best Management Practices and Monitoring Program 7 -8,8 Steel Plates 12 7 -10 PUBLIC CONVENIENCE AND SAFETY 12 7 -10.1 Traffic and Access 12 12 7 -10,2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 13 13 7- 10.4.1 Safety Orders 14 7 -10.5 °No Parking" Signs 14 7 -10.7 Notice to Residents 7 -15 CONTRACTOR'S LICENSES 14 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 14 SECTION 9 MEASUREMENT AND PAYMENT 15 9-3 PAYMENT 15 9 -3.1 General 15 9-3.2 Partial and Final Payment 19 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 21 SECTION 302 ROADWAY SURFACING 21 302 -5 ASPHALT CONCRETE PAVEMENT 21 302 -51 General 21 302 -5.4 Tack Coat 21 SECTION 303 0 21 303 -5 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 SECTION 214 PAVEMENT MARKERS 19 214-4 NONREFLECTIVE PAVEMENT MARKERS 19 214-5 REFLECTIVE PAVEMENT MARKERS 20 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 21 SECTION 302 ROADWAY SURFACING 21 302 -5 ASPHALT CONCRETE PAVEMENT 21 302 -51 General 21 302 -5.4 Tack Coat 21 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 22 303 -5.4 Joints 22 303 -5.4.1 General 22 303 -5.5 Finishing 22 303 -5.5.1 General 22 .303 -5.5.2 Curb 22 303 -5.5.4 Gutter i i SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 22 307 -4 TRAFFIC SIGNAL CONSTRUCTION 22 307 -4.9 Vehicle Detectors 22 22 307 -4.9.3 Inductive Loops 25 25 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 23 Markings 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 23 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 24 400 -2 UNTREATED BASE MATERIAL 24 400 -2.1 General 24 400 -21.1 Requirements 24 PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND 25 PROCESSES 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS — WET PROCESS 25 600 -2.1 Asphalt - Rubber 25 600 -2.1.1 General 25 25 600 -2 -6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling 25 Appendix A City of Newport Beach Std.-1 81-L Caltrans Planting and Irrigation Detail H5 Caltrans Planting and Irrigation Detail H6 Caltrans Chain Link Fence Std. Plan A85 Advisory Sign Detail Last saved by mlocey09 /2912006 9:45 AM f:\ users \pbw\ shared \contracts\masters\masters for contract 3815 \master specs index.doc • 0 SP 1 OF 25 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD STPL -5151 (020) CONTRACT NO. 3815 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5907 -S, T- 5949 -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; (5) State of California Department of Transportation, Standard Plans July 2004. Copies of the Standard Special Provisions and City of Newport Beach 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 base, asphalt base course, grinding and placement of asphalt overlay; and perform other appurtenant and incidental items of work as required to complete the work in place." SP2OF25 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the 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. Existing street centerline ties and property comer monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Comer 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 • SP3OF25 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. 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. • 10 SP4OF25 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. 2 -12.3 PREVAILING WAGE Attention is directed to Section 7- 1.01A(2), "Prevailing Wage," of the Caltrans Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county in which the work is to be done, are attached and are available at the Public Works Department. Updates to the general prevailing wage rates are available at web site: http: / /frwebgate. access.gpo.gov /cgi -bi n /getdoc.cgi ?d bname= Davis- Bacon &docid= CA20030035 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. 0 0 SP 5 OF 25 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. 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: hftp://www,dir.ca.gov/DLSE/Debar.html. 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 0 0 SP7OF25 agreed to in writing. 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 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 r • SP8OF25 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. 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 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have 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 sewer /storm 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. L 10 SP9OF25 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 40 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 day), December 25th (Christmas), and December 3151 (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday, subject to the conditions of Section 7 -10.3, except for the work in and around the Campus Drive /Bristol Street North intersection, which is night work as described in this section. 0 SP 10 OF 25 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. In order to facilitate construction and minimize the impact of construction on traffic the Contractor shall perform all construction related activities for the intersection of Campus Drive and Bristol Street North as night work. A. Night work hours shall be between 8:00 p.m. and 5:00 a.m. Sunday through Thursday. No work is allowed Friday or Saturday nights. B. The Engineer shall approve all requests for night work. C. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $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. SP 11 OF 25 A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities 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 -8.6 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 hftp://www.city.newi)ort-beach.ca.us/pubworks/links.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. 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. 0 0 SP 12 OF 25 The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -8.8 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 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be a • SP 13 OF 25 signed and seated by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices: parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. The contractor shall use two changeable message boards. 4. At the intersection of Jamboree Road and Bristol Street North, the Contractor shall maintain one left turn lane onto Bristol Street North at all times. 5. Access shall be maintained to each property at all times. No more than one driveway to any property shall be closed at one time. 6. The Birch Street off -ramp from Route 73 shall be open at all times for vehicular traffic. 7. Contractor shall submit the proposed phasing of construction in the intersections of Birch Avenue, Campus Drive and Jamboree Road for City approval. 8. On Bristol Street North the Contractor shall maintain one left turn lane and two through travel lanes at the intersections of Campus Drive and Birch Street at all times. 9. On Bristol Street North the Contractor shall maintain a minimum of one through lane from 9:00 A.M. to 4:00 P.M. in segments between intersections. Contractor shall maintain a minimum of two through vehicular travel lanes at all other times. 10. Dove Street and Spruce Street can be closed with an approved detour plan, but not at the same time." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. • • SP 14 OF 25 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 Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shalt insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "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. 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A SP 15 OF 25 separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. 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. 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, obtaining a County of Orange permit for work in the County's right of way, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents /businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, changeable message boards, 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 Vegetation Removal and Grading: Work under this item shall include removal of all existing vegetation, placement of fill material, and grading the area to a level surface with a minimum 2% cross fall and 4% maximum crossfall to the roadway and all other work items as required to complete the work in place. SP 16 OF 25 Item No. 4 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 5 13 -inch Thick Crushed Miscellaneous Base: Work under this item shall include removing and disposing of the existing roadway, vegetation and soil in reconstruction areas only, subgrade compaction, constructing 13 -inch thick crushed miscellaneous base and all other work items as required to complete the work in place. Item No. 6 3 -inch Thick Asphalt Pavement Base Course: Work under this item shall include constructing 3 -inch thick asphalt base course and all other work items as required to complete the work in place. Item No. 7 2 -inch Thick Rubberized Asphalt 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. 8 Remove and Construct P.C.C. A87A Type "A2" Shedding Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. shedding curb and gutter (with 8 -inch curb face) per Caltrans Standard Drawings, re- chiseling of curb face for existing underground utilities, constructing 'a minimum 12 -inch wide and 12 -inch deep AC patch back where applicable, 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. Item No-9 Remove and Construct P.C.C. A87A Type "A2" Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter (with 8 -inch curb face) per Caltrans Standard Drawings, re- chiseling of curb face for existing underground utilities, constructing a minimum 12 -inch wide and 12 -inch deep AC patch back, 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. Item No. 10 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. access ramps per current City of Newport Beach Standard - 181 -L, furnishing and installing truncated domes, constructing a minimum 12 -inch wide and 12 -inch deep AC patch back, and all other work items as required to complete the work in place. Item No. 11 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. • • SP 17 OF 25 Item No. 12 Remove and Construct 6 -Inch Thick P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach, driveway approach "X ", constructing a minimum 12 -inch wide and 12 -inch deep AC patch back, and all other work items as required to complete the work in place. Item No. 13 Remove and Relocate Existing Caltrans Irrigation System: Work under this item shall include removing the existing irrigation system and installing new PCC Schedule 40 irrigation line, elbows and tee connections, to match existing, approximately 1 -foot south of the new chain link fence location per Caltrans Details H5 & H6 and all other work items as required to complete the work in place. Contractor may reuse all existing risers and sprinkler heads. Item No. 14 Remove and Construct New Chain Link Fence: Work under this item shall include removing and disposing of the existing fence and constructing a new existing chain link fence per Caltrans Standard A85 and all other work items as required to complete the work in place. Item No. 15 3 -Foot Wide Lockable Chain Link fence Gate: Work under this item shall include installing a 3 -foot wide lockable chain link fence gate per Caltrans Standard A85 and all other work items as required to complete the work in place. Item No. 16 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 17 Replace Water Valve Box, Cover and Riser and Install to Grade: Work under this item shall include removing the existing water valve box, cover and riser, installing a new water valve box, cover and riser, adjusting to finish grade per CNB Std 511 -L and all other work items as required to complete the work in place. Item No. 18 Traffic Signal Loop Installation: Work under this item shall include providing and installing new traffic signal loops, pull boxes, conduit, and wiring and all other work items as required to complete the work in place. Item No. 19 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 20 Surveying Services: Work under this item shall include surveying, construction surveying and all other work items as required to complete the work in place, including the requirements of section 2 -9 of these Special Provisions. • • SP 18 OF 25 Item No. 21 Install 2 -Inch Water Service: Work under this item shall include sawcutting, removal of existing pavement section, installation of a 2 -water service, trench restoration and all other work items as required to complete the work in place. Item No. 22 Grinding Existing PCC Curb Access Ramp: Work under this item shall include grinding the lip of the existing PCC curb access ramp to provide a smooth transition from gutter to curb access ramp and all other work items as required to complete the work in place. ;- BID,ITEMS NIGHT +WORK. Item No. 23 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents /businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 24 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 25 2 -inch Thick Rubberized Asphalt 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. 26 Remove and Construct P.C.C. A87A Type "A2" Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter (with 8 -inch curb face) per Caltrans Standard Drawings, re- chiseling of curb face for existing underground utilities, constructing a minimum 12 -inch wide and 12 -inch deep AC patch back, 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. Item No. '27 Remove and Construct New Chain Link Fence: Work under this item shall include removing and disposing of the existing fence and constructing a new existing chain link fence per Caltrans Standard A85 and all other work items as required to complete the work in place. Item No. 28 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting, lower and raising during paving operation, of all water valve frames and covers to grade and all other work items as required to complete the work in place. SP 19 OF 25 Item No. 29 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 30 Traffic Signal Loop Installation: Work under this item shall include providing and installing new traffic signal loops, pull boxes, conduit, and wiring and all other work items as required to complete the work in place. Item No. 31 Install and Maintain Advisory Signs: Work under this item shall include the fabrication, placement, maintenance and removal of two (2) advisory signs placed at approximately 500' outside of the work limits on Jamboree Road in each traffic flow direction. Size of sign, lettering size and other information to be displayed on the sign will be as directed by the City Inspector. See Appendix A for example. In addition, four (4) digital message boards are to be installed on either side of work area as directed by the engineer. Item No. 32 Provide As -Built Plans and DBE Certification: Work under this item shall include all actions necessary'to provide as -built drawings and DBE Certification. 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." 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." 0 41 SP 20 OF 25 214 -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 Advisory signs shall be per detail enclosed within these Special Provisions Appendix A. However, 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 Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at httr): / /www.city. newr)ort- beach. ca. us /GSV /Frachised %20Haulers. 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. Approximate area of removal and replacement is 10,200 square feet." 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 "1-1/2 inch" of the last sentence with the words "two (2) inches ". SP 21 OF 25 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface cap shall be Asphalt- Rubber Hot Mix Gap- Graded per Section 600 - 2.6.3. The Asphalt Concrete shall be III -132 -AR -4000 for the base course. All cracks '/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1 ?/z 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 to 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 -1h 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." 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 0 303 -5.4 Joints SP 22 OF 25 303 -5.4.1 General. Add to this section: "All sawcuts shall be made to a depth of 2 inches." 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 W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNALS 307-4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9 Vehicle Detectors 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 -513 and shall be 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 be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. SP 23 OF 25 The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. 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 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping 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. • • SP 24 OF 25 If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: "1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slung." 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 or better as the base materials." PART 6 SP 25 OF 25 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." F:\USERS\PBW1 Shared \Contracts\MASTERS\CONTRACT SET UPt.SPECS REVISION TEMP FOLDER\MASTER SPECS (NEW).doc Last saved by Srooks09 /2912006 9:27 AM V H0 ryd Sa z Z O LW L 1 1� t r O � n � � m p0G H Y a r 4' MIN c ►� r � Q n � � Planting area C variable 8.337 Max . See Note 8, / 8.337 4' MIN. 107 Max at curb lGosswalk ' 107 Max at curb Notes 9, 15 Crosswalk CASE "A" 0 mw AorB Retalni 4' .tort Af e ►j min. ery a e g f---j �onf cessaa b eidewolk 107. H oorx� t CASE "B" See Note 8 Front edge of sidewalk C Retaining wfi it necessary of edge of eiAewnlL Notes 9. 15 and 16 NOTE: CASE "E" I -L-C -See Notes 9, 15 and 16 CASE "C" Use when sidewalk Is less than 6 it wide Y It� See Note 8 d Z11 Front edge of f sidewalk tiJ 107 at aMax rt CASE "D" See Notes 9, 15 and 16 Top of ramp Rounded 15 and 16 0 8 &337 Mox 27 Moz SECTION A -A See Note 8 > ��L g Max 1IFF�� Notes 9. 15 and 16 NOTE: CASE "E" I -L-C -See Notes 9, 15 and 16 CASE "C" Use when sidewalk Is less than 6 it wide Y It� See Note 8 d Z11 Front edge of f sidewalk tiJ 107 at aMax rt CASE "D" See Notes 9, 15 and 16 Top of ramp Rounded 15 and 16 8 &337 Mox 27 Moz SECTION A -A Top of ramp Retaining curb Rounded Iff necessary 8.337 Max 27 Max. y SECTION B -B Depress entire sidewalk as required Retaining curb 27 Moz� If necessary /T •T 11TY SECTION C -C 107 Max at curb C' See Note 8 er B CASE "F' See Note 4 See Notes 9, 15 and 16 CASE "G" See Note 4 LENGTH OF CURB TRANSITION '.X' (T)PICAL) Curb height Transition 6' 5.0' min. 8' 6.7' Min. Limit of a Removal for replacement 4• anq at contractors option ox. unless otherwise shown Rounde an project plans — — 8.337 Mox DETAIL H Existing curb and sidewalk ( in) In, �L -1 r1 /4 In. 1/4 in. GROOVING DETAIL ee note • See Note 8 2X MAX. I 1 See Note B I 1 0 0 V V 4 fi C.F. FULL HETGHi 3 £ �o tj m m to ° es CC 'a OCR �o o? (4.25 In) 0 in) C.F. 0 In Curb Face Along Access Ramp Landing • See notes 9, 15 and 16 Cf • o ra a €z 0 N � yarwbb. 1 11 ISee Note O 1 I I \ II CASE "rl °u x CASE "I" rap or ramp Rounded 8.33% Lim 7 2% 2X Max. SECTION A -A NOTE: PLEASE SEE STD - 181 -L-C FOR ALL NOTES. CITY OF NEWPORT BEACH PUBLIC WORKS DEP"TWWr CURB ACCESS RAMP DETAILS II CASE "K'l Retaining curb 2% Max. H Pecesim SECTION C -C RCE NO. 36166 DRAWINCNO. STD- 181 -L -B See notes 9, 15 and 16 I 1 (10 N) 83 :• :. i I(4 ft) i voies l Min 4' Min. !'• ��� ' to II I� Fall Fall He Curb Face ce 10% a mcn. See note below mg6d it LENGTH OF CURB TPANS1110N -x (TYPICAL) art height Tronsmon 6' '` 5.d min. 8� 6.7* Min. CASE "H" See notes 9, 15 and 1Fi }01• upr,sloPe CASE "L" 2X MAX. I 1 See Note B I 1 0 0 V V 4 fi C.F. FULL HETGHi 3 £ �o tj m m to ° es CC 'a OCR �o o? (4.25 In) 0 in) C.F. 0 In Curb Face Along Access Ramp Landing • See notes 9, 15 and 16 Cf • o ra a €z 0 N � yarwbb. 1 11 ISee Note O 1 I I \ II CASE "rl °u x CASE "I" rap or ramp Rounded 8.33% Lim 7 2% 2X Max. SECTION A -A NOTE: PLEASE SEE STD - 181 -L-C FOR ALL NOTES. CITY OF NEWPORT BEACH PUBLIC WORKS DEP"TWWr CURB ACCESS RAMP DETAILS II CASE "K'l Retaining curb 2% Max. H Pecesim SECTION C -C RCE NO. 36166 DRAWINCNO. STD- 181 -L -B 0 NOTES 0 1. IF DISTANCE FROM CURB TO BACK OF SIDEWALK 1S TOO SHORT TO ACCOMODATE RAMP AND 1.22 m (4 ft. ) PLATFORM AS IN CASE A, THE SIOWALK MAY BE DEPRESSED LONGITUDINALLY AS IN CASE 8 OR C OR MAY BE WIDENED AS IN CASE D. 2, IF SIDEWALK IS LESS THAN 6 FEET WIDE, THE FULL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN IN CASE C. 3. WHEN RAMP 1S LOCATED IN CENTER OF CURB RETURN, CROSSWALK CONFIGURA71ON MUST BE SIMILAR TO THAT SHOWN FOR CASE £ 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 WIDTH OF THE RAMP SHALL BE 4 FEET. 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 INCHES MINIMUM. 8. THE RAMP SHALL HAVE A 12 INCHES WIDE BORDER WITH 114 INCH GROOVES APPROXIMATELY 314 INCH 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 107 AT CURB TO CONFORM WITH LONGITUDINAL SIDEWALK SLOPE ADJACENT TO TOP OF THE RAMP, EXCEPT IN CASE C. 11. U17UTY PULL BOXES, MANHOLES VAULTS AND ALL OTHER UTILITY FACIUAES 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 7HE CURB RAMP AND CON71N000S PASSAGE TO THE CURB RAMP SHALL NOT EXCEED 5 PERCENT WITHIN 4 FEET 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 EXIS17NG FACILITY, THE CHANGES ARE PERMITED: (A) RAMP GRADE IN CASE "C" MAY BE INCREASED TO 4Y. (8) OTHER RAMP GRADES MAYBE INCREASED TO A MAXIMUM OF 11.19 (NEVERTHELESS, THEY SHOULD BE AS FLAT AS FEASABLE). (C) WHERE THE 4 FEET PLATFORM IS NOT FEASABLE, THE MOTH MAY BE DECREASED TO 3 FEET: (0) THE PLATFORM MAY BE ELIMINATED IF THE GRADE DOES NOT EXCEED 8.339 15. RAISED TRUNCATED DOMES SHALL BE DARK GREY COLORED AND SHALL BE "TERRAZZO TILES" AS MANUFACTURED BY WAUSAU TILE, INC. OF WISCONSIN OR EQUAL. 16. DETECTABLE WARNING SURFACES SHALL EXTEND 610mm (24 in.) MINIMUM IN THE DIREC17ON OF TRAVEL AND THE FULL WIDTH OF THE CURB RAMP. NOTE: REFER TO CALTRANS CURRENT STANDARDS PLANS FOR UP -TO -DATE REQUIREMENTS. CITY OF NEWPORT BEE PUBLIC WORKS DEPARIMNT CURB ACCESS RAMP D R MUTES u= «,� I -M w DRAWING NO. STD - 181 -L-C TOP DIAMETER I-+- -+-� -- MIN. 50 °l° of base MAX. 65% of base 5mm (0.201) BASE DIAMETER 23mm MIN. (0.9") 36mm MAX. (1.4 ") RAISED TRUNCATED DOME 41mm (1.6 ") Min. 61mm (2.4 ") Max —i ►� Center to Center spacing 0 0 0 .0 0 0 16mm (0:65 ") Min. Base To Base Spacing RAISED TRUNCATED DOME PATTERN - IN -LINE See Notes 9, 15 and 16 CITY OF NEWPORT BEACH A"I-Ro °E°. PUBLIC WORKS DEPARTMENT k�?� CURB ACCESS RAMP ' NO. Dm "' "w °' ° "°R DETECTABLE WARNING SURFACE DDoe Rnoo�s Scale: N.T.S. DRAwmG Ho. STD- 181 -L -D N O L11 I Sp'MMler I �Jls u . as r.eul 11 ISmi. mpNrld as rtaerl r z T doeNo O.Ip, F6 u ELEVATION RISER TYPE I r -- i -- I sprlvUx I 16ylrMer 71�11.�— CefpOfp rAqu 1 I ISwee mpbrld ON 11 rlWl LILmJ II �`� F6 0 Q ELEVATION ELEVATION RISER TYPE tI RISER TYPE III Hear SNraf.r ELEVATION RISER TYPE iV td .arp SlaelBOttom IMN 000'W eprinRl.f� Top of eprlt M above —� tOP of rear bdI I 5.0 y Ih. Flexla. tgee "j �/ / FIexNN Mae 5NPPlY ITT �— s x T Puarro oGpt.r Root Pdl S z T WOSVO Street NI i S K T ~A, aobpry awt T N T *OOtTO etroet .11 IEOOt ELEVATION ELEVATION STATE CF CALFORNIA Nr Of FRAf15 IATAIV )2f$ER TYPE y LfPIRTNE RISER TYPE VI PLANTING AND IRRIGATION DETAILS NO SCALE 41L 0(NENSfONS ARE fN F�� _.._ MILLINETERS UNLESS OTNE"ISE SNOpt I M •IS'feel .Worchq SprlMUer I -?L -, /-KC ny ss ns xs PLAN PLAN Ms., T A T 0.11. atre.T ell SLOPIY m. Pleetl..4,;IR I.Mte Y05 mm \\1 /� / T s 1 pbstle street MI ISONETRIc SWING JOINT TYPE I 3 j n.. ISOME SWING JOINT TYPE I'I T N T dastic .}r..t NI RI0 Pter frd. 11 S lY M. wee, 0 .tto ISOMETRIC SWING JOINT TYPE III STATE OF OALPOINA OEPARTREIIT OF TR.XSPORT.Tm PLANTING AND IRRIGATION DETAILS NO SCALE ALL 01RENSIONS ARE IN PILL ASTERS UNLESS OTNEAISE SFIMI 25 FG 25 25 FO � f• e � ADD I 75 IDD � swlrlaer N ELEVATION S o� o Yav e1cL SECTION °s RISER SUPPORT SPRINKLER PROTECTOR TYPE I SPRINKLER PROTECTOR TYPE II Ms., T A T 0.11. atre.T ell SLOPIY m. Pleetl..4,;IR I.Mte Y05 mm \\1 /� / T s 1 pbstle street MI ISONETRIc SWING JOINT TYPE I 3 j n.. ISOME SWING JOINT TYPE I'I T N T dastic .}r..t NI RI0 Pter frd. 11 S lY M. wee, 0 .tto ISOMETRIC SWING JOINT TYPE III STATE OF OALPOINA OEPARTREIIT OF TR.XSPORT.Tm PLANTING AND IRRIGATION DETAILS NO SCALE ALL 01RENSIONS ARE IN PILL ASTERS UNLESS OTNEAISE SFIMI W Lore poet A SO mm Or Of apecftbd ar mown an dead) plena (Sae Note 6l ggyHOrizonM brow with n-uee raa may ee used ae m abrlWfe eo a alegonal araca tension wlroa 01.0amal brace Irk it II 6 KC Sm Sm Noe lea. than 3 tleroe cox mum .0. Anne man 1.53 m high co.". of Do., with ftmamm of 200 mm 1.53 m and over 0.75 m tar fam-le bas than 1.53 in hbi 0.90 m for fabric 1.53 m and ovar ISCNRAYS FENCE LOCATION I am m m ap.clfled Shown On Its Pima He Note 61 Brace to be ramaved after .1 other force eonserwtbn la amaetea ,hies¢ othmvi.. directed by }he Engineer. XGrl Lmtd brace Nth /Line pea} R �9.5 mm steel h'.. rode Llne pasta at 300 m maximum IOtervds Type M- 1.2=22 m fw-1, baced m0 trwewd In cone aVeotim. Type a- Laa.63 m foom. except that this arming amd mwang may he omitted when the faarb Is strafined by the emlpmom poet rNIA, atoy , LO}ah post L50 mm Cl, m at fiat. past NOTES I. The above two whaws examplea of pmt mm mdce amtana welch mm comply with fne apeaficarbni 2. Sactlma MCM In The 'Woo mNt aa0 Camay with me atrMgth re4,I.MA0. ma other W.A.Ane of the Syedfbeflone. 3. OtW asaNana mini comply with the strength raWlremmnt, chol otMr W.W,am. of the SpClflmti. may be uNd on 0aaroval of the ER%n o,. 1. Options ewsroited alts be uniform an my and project. S. Olmwn.bne ahovn me mNrw1. E. Off." to be 0.60 m at mmNxeent bdatlona.mwamrea at right angdm hc NN None. TOP., to vohlev. offset to be at 1Wat 8 m Rawl. ar e vim GATE POST PEtwE GATE NOMINAL TYPICAL MEMBER DIMENSIONS (See Notes) NEYAIT x0TN5 iml ID mml UK POSTS ENO, LATCH A CCA ER POSTS BRACES FENCE 3.37 Over 1.6 100 16.06 LB] m p Las. HEM 0.0tf1D N ROLL RdalD ROLL FORMED RGaA N ROLI FORMED ID to 7.32 FORMED to 0 ID max m 6 le.. a0 IB N ! IB x 11 90 89 . 89 Six M 32 30 x 33 !x 32 N x 32 yr 1.03 m 60 1 ST x A Six 11 63 89 x 89 63 x 63 32 38 x 33 Ilx S2 11 x 32 NOTES I. The above two whaws examplea of pmt mm mdce amtana welch mm comply with fne apeaficarbni 2. Sactlma MCM In The 'Woo mNt aa0 Camay with me atrMgth re4,I.MA0. ma other W.A.Ane of the Syedfbeflone. 3. OtW asaNana mini comply with the strength raWlremmnt, chol otMr W.W,am. of the SpClflmti. may be uNd on 0aaroval of the ER%n o,. 1. Options ewsroited alts be uniform an my and project. S. Olmwn.bne ahovn me mNrw1. E. Off." to be 0.60 m at mmNxeent bdatlona.mwamrea at right angdm hc NN None. TOP., to vohlev. offset to be at 1Wat 8 m Rawl. ar e vim GATE POST PEtwE GATE NOMINAL MASS' NEYAIT x0TN5 iml ID mml PER uETBR k W thru AS 65 3.37 Over 1.6 100 16.06 LB] m p Las. over 3b6 }hru 519 25 ri16 Dvsr My to 7.32 W 26.23 max as 60 IL" Over 1.66 25 21.16 B3 m fn a 5A9 150 2a13 Over SAS 10 732 m0 11.19 nwx Above pmt dlia lane and M.... art mlhimaxi Larger daea may be .$ad an approval of the Engineer. Sum OF CALiORNM. DEPARTMENT OF TRANSPORTATION CHAIN LINK FENCE NO SCALE ALL DIMENSIONS ME IN u1LLIKMS UNLESS OTNERNISE SHORN • i N 73. • 0 ... I i r • • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT u+ ILA nr5 Agenda Item No. 6 November 14, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 - 6443311 or sluy @city.newport- beach.ca.us SUBJECT: BRISTOL STREET NORTH REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD - AWARD OF CONTRACT NO. 3815 RECOMMENDATIONS. 1. Approve the plans and specifications. 2. Award Contract No. 3815 to All American Asphalt for the Total Bid Price of $537,487, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $53,749 to cover the cost of unforeseen work. 4. Approve a Budget Amendment appropriating $58,000 to Account No. 7251 - 05100875 and increasing revenue estimates by $58,000 representing a contribution from the County of Orange for work around the intersection of Bristol Street and Campus Drive. DISCUSSION: At 11:00 a.m. on October 31, 2006 the City Clerk opened and read the following bids for this project: BIDDER Low All American Asphalt 2 Sequel Contractors Inc. 3 R.J. Noble Company 4 Excel Paving Company $537,537.00 595,081.00 639,716.05 677,057.10 * Corrected Bid Amount is $537,487 Bristol *et North Rehabilitation From Campus Drive to JambVe Road — Award of Contract No. 3815 November 14.2006 Page: 2 The low total bid amount is 16 percent below the Engineer's Estimate of $642,000. 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 and other municipalities. This project consists of removing and reconstructing roadway, driveway approaches, curb access ramps, curb and gutter; placing base, asphalt base course, grinding and placement of asphalt overlay; and other incidental items of work. On October 10, 2006, the Newport Beach City Council approved an agreement with the County of Orange to add resurfacing of County owned portions of the intersection at Bristol Street North and Campus Drive to the Bristol Street North rehabilitation project. The County has agreed to pay up to $58,000, plus a 10% contingency cost, as its share of costs for construction in and around the intersection of Bristol Street North and Campus Drive. A maximum of $163,260 for construction on Bristol Street North will be provided through Arterial Highway Rehabilitation Program (AHRP) Federal funds administered through CalTrans. Per the Contract Specifications the Contractor will have 40 consecutive working days to complete the work. Environmental Review: City staff has reviewed the project and has determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be noticed by the Contractor with City prepared notices ten days and two days prior to starting work in their area. Geotechnical. Material Testing. and Survey Services: In addition to the contract costs, approximately $12,000 in material testing is estimated for this project and $2,000 for printing and other incidentals. Bristolleet North Rehabilitation From Campus Drive to Jam& Road - Award of contract No. 3815 November 14, 2006 Page: 3 Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Bristol Street Relinquishment County Contribution AHRP Funds Proposed uses are as follows: Vendor All American Asphalt All American Asphalt On —call Consultant Various Prepared by: y Step-hen J. Luy, PE Project Manager Attachments: Project Location Map Bid Summary County Agreement Account Number 7253- C5100875 7251- C5100875 7285- C5100875 Total: Purpose Construction Contract Construction Contingency Materials Testing $454,615.00 $33,462.00 $117,159.00 $605,236.00 Amount $537,487.00 $53,749.00 $12,000.00 Printing and Incidentals $2,000.00 Total: $605,236.00 Submitted by: W W 7 rks Badum CITY LOCATION MAP NOT TO SCALE BRISTOL STREET NORTH STREET REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD MAWINi NO. wg v C -3815 DATE EXHIBIT A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Bristol Street North Rehabilitation from Campus Drive to Jamboree Road CONTRACT NO.: C3815 ENGINEER'S ESTIMATE: $642,000.00 PROJECT MANAGER: Stephen Luy Page 1 BID LOCATION: City Clerks Office - City Hall DATE: 31 -Oct -06 TIME: 11:00 BY: Stephen Luy CHECKED: Shari Rooks DATE: 31- Oct -06 As Bid $537,537.00 Engineer's Estimate All American Asphalt Sequel Contractors, Inc. R.J. Noble Company ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT - AMOUNT 1 Mobilization 5 %) 1 L.S. 26,588.30 26,588.30 30,396.00 30,396.00 35,000.00 35,000.00 8,000.00 8,000.00 2 Traffic Control (5% ) 1 L.S. 30,000.00 30,000.00 34,900.00 34,900.00 43,000.00 43,000.00 47,000.00 47,000,00 3 Vegetation Removal and Grading 1 L.S. 12,000.00 12,000.00 45,000.00 45,000.00 30,000.00 30000.00 48500.00 48, 4 Cold Mill Asphalt Pavement 190 990 S.F. 0.33 63,026.70 0.09 17,189.10 0.20 38198.00 0.20 38,1 700 5 13 " Thick A .Base 221 Ton 40.00 8,840.00 20.00 4,420.00 40.00 8840.00 59.00 13,039.00 6 3" Thick AC Base 34 Tons 75.00 2,550.00 188.00 6,392.00 200.00 6800.00 150.00 5,100.00 7 2" Thick Rubberized Asphalt Overlay 2,380 Tons 85.001 202,300.00 77.00 183260.00 85.00 202,300.00 87.00 207060.00 8 Remove and Const. PCC A87A Type "A2" C 245 L.F. 35.001 8,575.00 46.00 11,270.00 40.00 9,800.00 65.60 16,072.00 9 Remove and Const. PCC A87A Type "A2" C 45 L.F. 35.00 1,575.00 46.00 2070.00 50.00 2250.00 96.55 4,344.75 10 Remove and Construct PCC Access Ramp 1,570 IS.F. 12.00 18,840.00 12.50 19625.00 18.00 28,260.00 16.90 26,533.00 11 Remove and Construct PCC Sidewalk 210 S.F. 8.00 1,680.00 7.00 1,470.00 12.00 2520.00 12.65 2656.50 12 Remove and Construct 6 -Inch Thick PCC Dr 336 S.F. 10.00 3,360.00 8.50 2856.00 13.05 4,368.00 27.65 9290.40 13 Remove and Relocate Existing Caltrans Irrig 2,550 L.F. 5.00 12,750.00 10.00 25,500.00 6.00 15,300.00 11.80 30090.00 14 Remove and Construct New Chain_ Link Fen 2,650 L.F. 40.00 102,000.00 18.00 45900.00 23.00 58,650.00 19.00 48 450.00 15 3 -Foot Wide Locable Chain Link Fence Gate 3 Ea. 500.00 1,500.00 700.00 2100.00 500.00 1,500.00 700.00 2,100.00 16 JAdjust Manhole Frame and Cover to Grade 13 Ea. 600.00 7,800.00 425.00 5525.00 300.00 3,900.00 580.00 7,540.00 17 Adjust Water Valve Cover to Grade 34 Ea. 300.00 10,200.00 315.00 10,710.00 500.00 17,000.00 580.00 19,720.00 18 Traffic Signal Loop Installation 24 Ea.. 500.00 12,000.00 200.00 4,800.00 200.00 4,800.00 210.00 5,040.00 19 Traffic Striping 1 L.S. 25,000.00 25,000.00 14,000.00 14000.00 15,000.00 15,000.00 15,000.00 1500 DO 20 Surveying Services 1 L.S. 10000.00 10,000.00 5400.00 5400.00 10000.00 10,000.00 5,500.00 5, 21 Install 2-Inch Water Service 1 Ea. 2,000.00 2,000.00 7,980.00 7,980.00 4,000.00 4000.00 10000.00 10,0 .0 22 Grind Existing PCC Curb Access Ramp Lip 1 L.S. 500.00 500.00 250.00 250A0 1,000.00 1,000.00 2,700.00 2700.00 NIGHT WORK 23 Traffic Control 1 L.S. 5,100.00 5,100.00 4,500.00 4,500.00 4,000.00 4,000.00 1 500.00 1,500.00 24 Cold Mill Asphalt Pavement 17,710 S.F. 0.50 8,855.00 0.09 159190 0.50 8855.00 0.44 7792.40 25 2" Thick Rubberized Asphalt Overlay 220 TonE 127.50 28,050.00 77.00 16,940.00 90.00 19 800.00 140.00 30,800.OA 26 Remove and Const. PCC A87A Type "A2" C 20 L.F. 52.50 1,050.00 66.00 1,320.00 70.00 1,400.00 130.00 2 600.00 27 Remove and Construct New Chain Link Fen 50 L.F. 60.00 3,000.00 40.00 2,000.001 50.00 2,500.00 41.00 2,D50.00 28 Adjust Water Valve Cover to Grade 4 Ea. 450.00 1,600.00 315.00 1 260.00 500.00 2,000.00 1,000.00 4,000.00 29 Traffic Striping 1 L.S. 3,060.00 3,060.00 2,500.00 2500.00 3000.00 3,000.00 2600.00 2,600.00 30 Traffic Signal Loop Installation 32 Ea. 750.00 24 000.00 230.00 7,360.00 220.00 7,040.00 245.00 7,840.00 31 Install and Maintain Advisory Signs 1 Ea. 2,000.00 2,000.01) 18,500.00 18500.00 3,000.00 3,000. 8,000.00 8000.00 32 As -Built Plans and DBE Certification 1 Ea. 1 2 000.00 2 000.00 500.00 500.00 1,000.00 1,000.00 600.00 600.00 EE 642 000.00 LOW 537 487.00 2ND 595,081.00 3RD 639 716.05 As Bid $537,537.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Bristol Street North Rehabilitation from Campus Drive to Jamboree Road CONTRACT NO.: 0.3815 ENGINEER'S ESTIMATE: $642,006.60 PROJECT MANAGER: Stephen Luy Page 2 BID LOCATION: City Clerk's Office - City Hall DATE: 31- Oct -06 TIME: 11:00 BY: Stephen Luy CHECKED: Shari Rooks DATE: 31- Oct -06 En ineer's Estimate Excel P ing Company ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT 1 Mobilization (5% ) 1 L.S. 26,588.30 26,588.30 25,000.00 25,000.00 2 Traffic Control 5% 1 L.S. 30,000.00 30,000.00 30,000.00 30,000.00 3 Vegetation Removal and Grading 1 L.S. 12,000.00 12,000.00 69,500.00 69,500.00 4 Cold MITI Asphalt Pavement 190,990 S.F. 0.33 63,026.70 0:18 34378.20 5 13" Thick Agg. Base 221 Ton 40.06 8,840.00 110.00 24,310.00 6 3" Thick AC Base 34 Ton 75.00 2,550.00 125.00 4,250.00 7 2" Thick Rubberized Asphalt Overlay 2,380 Ton 85.00 202,300.00 90.00 214,200.00 8 Remove and Const. PCC A87A Type "A2" C 245 L.F. 35.00 8,575.00 52.00 12,740.00 9 Remove and Const. PCC A87A Type "A2" C 45 L.F. 35.00 1,575.00 65.00 2,925.00 10 Remove and Construct PCC Access Ram 1,576 S.F. 12.00 18,840.00 22.00 34540.00 11 Remove and Construct PCC Sidewalk 210 S.F. 8.00 1,680.00 12.25 2,572.50 12 Remove and Construct 6 -Inch Thick PCC Dr 336 S.F. 10.00 3,360.00 15.50 5,208.00 13 Remove and Relocate Existing Caltrans Irri 2,550 L.F. 5.00 12 750.00 10.50 26 775.00 14 Remove and Construct New Chain Link Fen 2,550 L.F. 40.00 102,000.00 19.00 48 450.00 15 3 -Foot Wide Locable Chain Link Fence Gate 3 Ea. 500.00 1,500.00 700.00 2100.00 16 Adjust Manhole Frame and Cover to Grade 13 Ea. 600.00 7,800.00 575.00 7475.00 17 Adjust Water Valve Cover to Grade 34 Ea. 300.001 10,200.00 575.00 19550.00 18 Traffic Signal Loop Installation 24 Ea. 500.001 12 000.00 210.00 5,040. 19 Traffic Striping 1 L.S. 25,000.00 25,000.00 14,650.00 14650.00 20 Surveying Services 1 L.S. 10000.00 10,000.00 5550.00 5,550.00 21 Install 2-Inch Water Service 1 Ea. 2,000.00 2,000.00 4250.00 4,250.00 22 Grind Existing PCC Curb Access Ramp Lip 1 L.S. 500.00 500.00 2,175.00 2,175.00 NIGHT WORK 23 Traffic Control 1 L.S. 5,100.00 5,100.00 5,450.00 5450.00 24 Cold Mill Asphalt Pavement 17,710 S.F. 0.50 8,855.00 0.54 9,563.40 25 2" Thick Rubberized Asphalt Overlay 220 Ton 127.50 28,050.00 185.00 40700.00 26 IRemove and Const. PCC A87A Type "A2" C 20 L.F. 52.50 1,050.00 270.00 5,400.00 27 Remove and Construct New Chain Link Fen 50 L.F. 60.00 3,000.00 32.00 1,600.00 28 Adjust Water Valve Cover to Grade 4 Ea. 450.00 1,800.00 950.00 3,800.00 29 Traffic Striping 1 L.S. 3,060.00 3,060.00 3,000.00 3,000.00 30 Traffic Signal Loop Installation 32 Ea. 750.00 24 000.00 240.00 7,680.00 31 Install and Maintain Advisory Signs 1 Ea. 2,000.00 2,000.00 2,725.00 2,725.00 32 As- Built.Plans and DBE Certification 1 Ea. 2,000.00 2,000.00 1,500.00 1 500.00 ji EE 642 000.00 2,725.00 1 677 057.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • Agreement No. D06 -026 AGREEMENT THIS AGREEMENT, made and entered into as of the date signed by the Mayor, City of Newport Beach, is, BY AND BETWEEN The CITY OF NEWPORT BEACH, a Municipal Corporation in the State of California hereinafter referred to as "CITY"AND The COUNTY OF a political subdivision of the State of California, hereinafter referred to as "COUNTY". WITNESSETH WHEREAS, CITY proposes to rehabilitate Bristol Street North from Campus Drive to Jamboree Road, hereinafter called PROJECT; WHEREAS, a portion of Bristol Street North lies within COUNTY's jurisdiction; WHEREAS, COUNTY desires to rehabilitate at the same time its portion of Bristol Street North within the PROJECT limits; WHEREAS, CITY applied and was approved for funding under the Arterial Highway Rehabilitation Program (AHRP); WHEREAS, PROJECT construction is Categorically Exempt in conformance with the 2005 CEQA Statues and Guidelines under Article 19, Section 15301; WHEREAS, CITY and COUNTY wish to define areas of responsibility for the design, construction and inspection of PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: SECTION I CITY Shall: A. Be and is hereby designated as PROJECT Engineer, Contracting and Construction Agent the parties to do and perform all tasks necessary in order to design and construct PROJECT in accordance with the approved plans, specifications and special provisions and to execute and deliver all documents .required in connection with the construction and completion of PROJECT, including its Notice of Completion and Final Accounting Report. Page 1 of 6 Agreement No. D06 -026 1 B. Submit PROJECT plans, specifications and special provisions to COUNTY for review and 2 approval by the County Engineer or his designee, hereinafter referred to as "COUNTY ENGINEER", as to 3 design and construction features affecting PROJECT within COUNTY limits. 4 C. During the period of construction, have jurisdiction and control over the PROJECT area 5 including that portion within the COUNTY limits for the purpose of PROJECT construction and for no 6 other purpose. 7 D. Obtain the written concurrence of COUNTY ENGINEER prior to making field decisions or 8 issuing PROJECT change orders affecting PROJECT's design or costs by 10% or greater of the 9 COUNTY's deposit to CITY for any portion of PROJECT within COUNTY limits. 10 E. Not accept improvements under the contract for PROJECT until COUNTY ENGINEER 11 approves, in writing, the construction as it affects the operations and maintenance of PROJECT within 12 COUNTY limits within five business days. 13 F. Furnish and deliver to COUNTY, if requested, all documents required in connection with 14 the construction and completion of PROJECT. 15 SECTION II 16 COUNTY Shall: 17 A. Review for approval by COUNTY ENGINEER the final plans, specifications and special 18 provisions as to design and construction features affecting the construction, operation and maintenance of 19 PROJECT within COUNTY limits within five business days. 20 B. Be responsible for the entire total cost of PROJECT construction and any approved extra 21 work for that portion of PROJECT construction within COUNTY limits, plus a proportionate share of the 22 engineering and inspection costs based on the ratio of the COUNTY's's construction.costs to the total 23 contract construction costs and deposit the full amount of COUNTY's share of PROJECT construction and 24 engineering costs with CITY prior to commencement of PROJECT construction. The portion of PROJECI 25 within COUNTY limits shall be as COUNTY boundaries exist at the time the CITY's Council awards the 26 contract for PROJECT. Total costs will be determined by multiplying the awarded contract's actual bid Page 2 of 6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 • Agreement No. D06 -026 unit price by the total number of work items within COUNTY limits. The estimated cost for COUNTY's's portion of PROJECT construction cost is approximately Fifty Eight Thousand Zero Hundred Dollars ($58,000.00), including engineering and inspection costs, materials testing, and construction administration costs, and in no event shall the final cost to COUNTY exceed Fifty Eight Thousand Zero Hundred Dollars ($58,000), plus 10% contingency cost without prior written approval of COUNTY. County approval for any costs over and above the $58,000, plus 10% contingency costs, shall not be unreasonably withheld provided that the request is supported by complete documentation of the need for and costs of such actions. C. Have access to the PROJECT work area at all times during the progress of construction of PROJECT within COUNTY limits for the purpose of inspection and should COUNTY deem any remedial measures to be necessary, COUNTY shall immediately notify CITY thereof in writing. D. Review completed construction for PROJECT and give CITY approval to accept improvements within COUNTY limits. Approval shall be withheld only for work not completed per the approved plans and special provisions and approved extra work. E. Not withhold any approval or concurrence without good cause. SECTION III PAYMENTS AND FINAL ACCOUNTING: A. After CITY receives bids for PROJECT construction, COUNTY will, upon CITY's written request, deposit with CITY, COUNTY's's entire share of PROJECT's construction costs based on actual bid prices. B. Within ninety (90) days after acceptance of the improvement under the contract by CITY, CITY shall submit to COUNTY for review and approval by COUNTY ENGINEER, a Final Accounting Report for PROJECT. If the Final Accounting Report as approved by COUNTY ENGINEER shows that the total cost to COUNTY is less than the amount deposited with CITY, CITY shall promptly reimburse COUNTY the difference between the amount deposited and the actual cost. If the Final Accounting Report as approved Page 3 of 6 Agreement No. D06 -026 1 by COUNTY ENGINEER shows that the total cost to COUNTY is more than the amount deposited by 2 COUNTY, COUNTY shall promptly reimburse CITY for the difference between the amount deposited and 3 the actual cost, subject to the provisions of Section II B. 4 SECTION IV 5 It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT: 6 A. CITY assumes responsibility for the portion of the PROJECT within COUNTY limits solel} 7 for the purposes of PROJECT construction and for no other purposes. Upon acceptance of the PROJECT 8 improvements under the contract by CITY, COUNTY shall accept ownership and responsibility for the 9 portion of PROJECT within COUNTY limits. 10 B. Pursuant to and in accordance with Section 8546.7 of the California Government Code, as 11 this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars 12 ($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of 13 California for a period of three (3) years after final payment under this Agreement. 14 C. That neither COUNTY nor any officer or employee thereof shall be responsible for any 15 damage or liability occurring by reason of anything done or omitted to be done by CITY under or in 16 connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. It is also 17 understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, 18 defend with Counsel approved in writing by COUNTY, and hold COUNTY harmless from any liability 19 imposed for injury, (as defined by Government Code Section 810.8), occurring by reason of anything done 20 or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to 21 CITY under this Agreement. 22 D. That neither CITY nor any officer or employee thereof shall be responsible for any damage 23 or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection 24 with any work, authority, or jurisdiction not delegated to CITY under this Agreement. It is also understood 25 and agreed that pursuant to Government Code Section 895.4, COUNTY shall hilly indemnify, defend with 26 Counsel approved in writing by CITY, and hold CITY harmless from any liability imposed for injury (as Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 9 • Agreement No. D06 -026 defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY or in connection with any work, authority, or jurisdiction not delegated to CITY under this Agreement. E. The Parties agree that any agreement made by CITY for the work to be performed pursuant to this Agreement is made and entered into for the protection and benefit of COUNTY and CITY and their respective successors and assigns. As such, CITY agrees to identify COUNTY as third party beneficiary u all such agreements entered into with contractors for the work performed pursuant to this Agreement. COUNTY's's third party beneficiary rights shall include, but not be limited to COUNTY's's right of enforcement against any contractor hired by CITY for work performed in the COUNTY's, and COUNTY'! shall have the right to enforce any agreement between CITY and its contractors for such work. Page 5 of 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • Agreement No. D06 -026 IN WITNESS WHEREOF, the CITY has caused this Agreement to be executed by the Mayor and attested by its clerk, and COUNTY has caused this Agreement to be executed by its Chairman of the Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. Date: $ - 16 -D (o COUNTY OF ORANGE, a political subdivision of the State of California By: a""' eW Chairman of theLtoard of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD OF SUPERVISORS e By: Ao�w (-f � . Darlene J. Bloom Clerk of Board Orange County, • . Date: ATTEST: City Clerk of the COUNTY COUNSEL I By: P THE CITY OF NEWPORT BEACH, A municipal corporation By: Mayor Approved as to form: ov�� Clime--- - / 5.5 iS fq jjji-ly Attorney Page 6 of 6 C of Newport Beach NO. BA- 07BA -022 BUDGET AMENDMENT 2006 -07 AMOUNT: $5s,000.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations and revenue estimates to recognize a contribution from the County of Orange for work the City will perform on the Bristol Street Rehabilitation project. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account 250 4900 EXPENDITURE APPROPRIA77ONS (3603) Description Description Contributions Fund - County Hwy Funds Signed: Signed: Signed: Financial Approval: Administrative S ces Director Administrative ApprovaK City Manager City Council Approval: City Clerk Amount Debit Credit $58,000.00 $58,000.00 - Automatic System Entry. //- J- e6 Date Da Date Description Division Number 7251 Contribution Account Number C5100875 Bristol Street Relinquishment Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Financial Approval: Administrative S ces Director Administrative ApprovaK City Manager City Council Approval: City Clerk Amount Debit Credit $58,000.00 $58,000.00 - Automatic System Entry. //- J- e6 Date Da Date 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • Agreement No. D06 -026 AGREEMENT THIS AGREEMENT, made and entered into as of the date signed by the Mayor, City of Newport Beach, is, BY AND BETWEEN The CITY OF NEWPORT BEACH, a Municipal Corporation in the State of California hereinafter referred to as "CITY "AND The COUNTY OF a political subdivision of the State of California, hereinafter referred to as "COUNTY ". AITNESSETH WHEREAS, CITY proposes to rehabilitate Bristol Street North from Campus Drive to Jamboree Road, hereinafter called PROJECT; WHEREAS, a portion of Bristol Street North lies within COUNTY's jurisdiction; WHEREAS, COUNTY desires to rehabilitate at the same time its portion of Bristol Street North within the PROJECT limits; WHEREAS, CITY applied and was approved for funding under the Arterial Highway Rehabilitation Program (AHRP); WHEREAS, PROJECT construction is Categorically Exempt in conformance with the 2005 CEQA Statues and Guidelines under Article 19, Section 15301; WHEREAS, CITY and COUNTY wish to define areas of responsibility for the design, and inspection of PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: SECTION I CITY Shall: A. Be and is hereby designated as PROJECT Engineer, Contracting and Construction Agent the parties to do and perform all tasks necessary in order to design and construct PROJECT in accordance with the approved plans, specifications and special provisions and to execute and deliver all documents required in connection with the construction and completion of PROJECT, including its Notice of Completion and Final Accounting Report. Page 1 of 6 2 4 0 Agreement No. D06 -026 B. Submit PROJECT plans, specifications and special provisions to COUNTY for review and approval by the County Engineer or his designee, hereinafter referred to as "COUNTY ENGINEER ", as to design and construction features affecting PROJECT within COUNTY limits. C. During the period of construction, have jurisdiction and control over the PROJECT area including that portion within the COUNTY limits for the purpose of PROJECT construction and for no 6 11 other purpose. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 D. Obtain the written concurrence of COUNTY ENGINEER prior to making field decisions or issuing PROJECT change orders affecting PROJECT's design or costs by 10% or greater of the COUNTY's deposit to CITY for any portion of PROJECT within COUNTY limits. E. Not accept improvements under the contract for PROJECT until COUNTY ENGINEER approves, in writing, the construction as it affects the operations and maintenance of PROJECT within COUNTY limits within five business days. F. Furnish and deliver to COUNTY, if requested, all documents required in connection with the construction and completion of PROJECT. SECTION II COUNTY Shall: A. Review for approval by COUNTY ENGINEER the final plans, specifications and special provisions as to design and construction features affecting the construction, operation and maintenance of PROJECT within COUNTY limits within five business days. B. Be responsible for the entire total cost of PROJECT construction and any approved extra work for that portion of PROJECT construction within COUNTY limits, plus a proportionate share of the engineering and inspection costs based on the ratio of the COUNTY's's construction costs to the total contract construction costs and deposit the full amount of COUNTY's share of PROJECT construction and engineering costs with CITY prior to commencement of PROJECT construction. The portion of PROJECT within COUNTY limits shall be as COUNTY boundaries exist at the time the CITY's Council awards the contract for PROJECT. Total costs will be determined by multiplying the awarded contract's actual bid Page 2 of 6 Agreement No. D06 -026 1 unit price by the total number of work items within COUNTY limits. The estimated cost for COUNTY's's 2 portion of PROJECT construction cost is approximately Fifty Eight Thousand Zero Hundred Dollars 3 ($58,000.00), including engineering and inspection costs, materials testing, and construction administration 4 costs, and in no event shall the final cost to COUNTY exceed Fifty Eight Thousand Zero Hundred Dollars 5 ($58,000), plus 10% contingency cost without prior written approval of COUNTY. County approval for 6 any costs over and above the $58,000, plus 10% contingency costs, shall not be unreasonably withheld 7 provided that the request is supported by complete documentation of the need for and costs of such actions. 8 C. Have access to the PROJECT work area at all times during the progress of construction of 9 PROJECT 10 within COUNTY limits for the purpose of inspection and should COUNTY deem any remedial measures 11 to be necessary, COUNTY shall immediately notify CITY thereof in writing. 12 D. Review completed construction for PROJECT and give CITY approval to accept 13 improvements within COUNTY limits. Approval shall be withheld only for work not completed per the 14 approved plans and special provisions and approved extra work. 15 E. Not withhold any approval or concurrence without good cause. 16 SECTION III 17 PAYMENTS AND FINAL ACCOUNTING: 18 A. After CITY receives bids for PROJECT construction, COUNTY will, upon CITY's written 19 request, deposit with CITY, COUNTY's's entire share of PROJECT's construction costs based on actual 20 bid prices. 21 B. Within ninety (90) days after acceptance of the improvement under the contract by 22 CITY, CITY shall submit to COUNTY for review and approval by COUNTY ENGINEER, a Final 23 Accounting Report for PROJECT. 24 if the Final Accounting Report as approved by COUNTY ENGINEER shows that the total cost to 25 COUNTY is less than the amount deposited with CITY, CITY shall promptly reimburse COUNTY the 26 difference between the amount deposited and the actual cost. If the Final Accounting Report as approved Page 3 of 6 Agreement No. D06 -026 1 by COUNTY ENGINEER shows that the total cost to COUNTY is more than the amount deposited by 2 COUNTY, COUNTY shall promptly reimburse CITY for the difference between the amount deposited and 3 the actual cost, subject to the provisions of Section II B. 4 SECTION IV 5 It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT: 6 A. CITY assumes responsibility for the portion of the PROJECT within COUNTY limits solely 7 for the purposes of PROJECT construction and for no other purposes. Upon acceptance of the PROJECT 8 improvements under the contract by CITY, COUNTY shall accept ownership and responsibility for the 9 portion of PROJECT within COUNTY limits. 10 B. Pursuant to and in accordance with Section 8546.7 of the California Government Code, as 11 this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars 12 ($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of 13 California for a period of three (3) years after final payment under this Agreement. 14 C. That neither COUNTY nor any officer or employee thereof shall be responsible for any 15 damage or liability occurring by reason of anything done or omitted to be done by CITY under or in 16 connection with any work, authority, orjurisdiction delegated to CITY under this Agreement. It is also 17 understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, 16 defend with Counsel approved in writing by COUNTY, and hold COUNTY harmless from any liability 19 imposed for injury, (as defined by Government Code Section 810.8), occurring by reason of anything done 20 or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to 21 CITY under this Agreement. 22 D. That neither CITY nor any officer or employee thereof shall be responsible for any damage 23 or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection 24 with any work, authority, or jurisdiction not delegated to CITY under this Agreement. It is also understood 25 and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend with 26 Counsel approved in writing by CITY, and hold CITY harmless from any liability imposed for injury (as Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 Agreement No. D06 -026 defined by Government Code Section 810.8} occurring by reason of anything done or omitted to be done by COUNTY or in connection with any work, authority, or jurisdiction not delegated to CITY under this Agreement. E. The Parties agree that any agreement made by CITY for the work to be performed pursuant to this Agreement is made and entered into for the protection and benefit of COUNTY and CITY and their respective successors and assigns. As such, CITY agrees to identify COUNTY as third party beneficiary h all such agreements entered into with contractors for the work performed pursuant to this Agreement. COUNTY's's third party beneficiary rights shall include, but not be limited to COUNTY's's right of enforcement against any contractor hired by CITY for work performed in the COUNTY'S, and COUNTY': shall have the right to enforce any agreement between CITY and its contractors for such work. (/f Page 5 of 6 i > 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11 • Agreement No. D06 -026 IN WITNESS WHEREOF, the CITY has caused this Agreement to be executed by the Mayor and attested by its clerk, and COUNTY has caused this Agreement to be executed by its Chairman of the Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. Date: 9 - 15 -D % COUNTY OF ORANGE, a political subdivision of the State of California By: W"^' l Chairman of the Hoard of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL TO THE CHAIR OF THE BOARD OF SUPERVISORS 0 By: By: ' Darlene J. Bloom 11 ty Clerk of the Board of Supervisors of Orange County, California Date: I/- V ywr Crl 1f II City Clerk of the THE CITY OF NEWPORT BEACH, A municipal corporation By: ( - -2 Mayor Approved as to form: "- 6s jS (•, Co Attorney Page 6 of 6 OCT 1 U %iir5 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 October 10, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Luy, P.E. 949 - 644 -3330 or sluy@city.newport- beach.ca.us SUBJECT: APPROVAL OF AN AGREEMENT WITH THE COUNTY OF ORANGE FOR THE BRISTOL STREET NORTH — STREET REHABILITATION, CONTRACT NO. 3815 RECOMMENDATION: Approve the proposed Agreement between the City of Newport Beach and the County of Orange to add resurfacing of the County owned portions of the intersection at Bristol Street North and Campus Drive as a part of the Bristol Street North between Campus Drive and Jamboree Road Street Rehabilitation project and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City of Newport Beach has prepared construction documents to resurface Bristol Street North from Campus Drive to Jamboree Road. The County of Orange (County) has requested that the City include the County portions of the intersection of Bristol Street North and Campus Drive into the City's project. The Agreement defines each Agency's roles and responsibilities. The City of Newport Beach will be responsible for construction administration, construction engineering, survey, testing, and inspection for the entire project. The County will reimburse the City for the County's share of the construction costs estimated at $58,000. The total project cost is estimated at $642,000. The construction drawings and specifications have been reviewed by both the City and the County. The project will be advertised for bid after the Agreement is fully executed by both parties. The County Board of Supervisors approved the Agreement at its August 15 meeting. Approval of an Agreement�a County of Orange for the Bristol Street North t Rehabilitation, Contract No. 3815 October 10, 2006 Page 2 Environmental Review: City staff has reviewed the project and has determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Prepared by: tephen Vii, P.E. Associate Civil Engineer Attachment: Agreement Submitted in G. Badum Works Director ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER August 15, 2006 Submitting&ency/Department: RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT Approve agreement D06 -026 with Newport Beach for Bristol Street North rehabilitation from Campus Drive to Jamboree Road; and make California Environmental Quality Act findings - District 2 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER O Unanimous ® (1) CORREA: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: Y Vote Key: Y =Yes; N =No; A= Abstain; X= Excused,• B.O. =Board Order Documents accompanying this matter: 13 Resolution(s) O Ordinances(s) ffd Contract(s) (q op—J& Item No. 15 Special Notes: Copies sent to: CEO RDMD: Pete Allen RDMD /Accounting: Linda Schorer 36 1 , I certify that the foregoing is a true and correct copy ofthe Minute Order adopted by the Board of Supervisors, Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board By: vt/�/� -/7�iv Deputy —� I 3 4 5 6 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 S'" ORIGINAL CLERK OF THE BOARD ORANGECOUNTY AGREEMENT *Agreement No. D06 -026 THIS AGREEMENT, made and entered into as of the date signed by the Mayor, City of Newport Beach, is, BY AND BETWEEN The CITY OF NEWPORT BEACH, a Municipal Corporation in the State of California hereinafter referred to as "CITY"AND The COUNTY OF a political subdivision of the State of California, hereinafter referred to as "COUNTY". WITNESSETH WHEREAS, CITY proposes to rehabilitate Bristol Street North from Campus Drive to Jamboree Road, hereinafter called PROJECT; WHEREAS, a portion of Bristol Street North lies within COUNTY's jurisdiction; WHEREAS, COUNTY desires to rehabilitate at the same time its portion of Bristol Street North within the PROJECT limits; WHEREAS, CITY applied and was approved for funding under the Arterial Highway Rehabilitation Program (AHRP); WHEREAS, PROJECT construction is Categorically Exempt in conformance with the 2405 CEQA Statues and Guidelines under Article 19, Section 15301; WHEREAS, CITY and COUNTY wish to define areas of responsibility for the design, and inspection of PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: SECTION I CITY Shall: A. Be and is hereby designated as PROJECT Engineer, Contracting and Construction Agent the parties to do and perform all tasks necessary in order to design and construct PROJECT in accordance with the approved plans, specifications and special provisions and to execute and deliver all documents required in connection with the construction and completion of PROJECT, including its Notice of Completion and Final Accounting Report. Page 1 of 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4greement No. D06 -026 B. Submit PROJECT plans, specifications and special provisions to COUNTY for review and approval by the County Engineer or his designee, hereinafter referred to as "COUNTY ENGINEER ", as to design and construction features affecting PROJECT within COUNTY limits. C. During the period of construction, have jurisdiction and control over the PROJECT area including that portion within the COUNTY limits for the purpose of PROJECT construction and for no other purpose. D. Obtain the written concurrence of COUNTY ENGINEER prior to making field decisions or issuing PROJECT change orders affecting PROJECT's design or costs by 10% or greater of the COUNTY's deposit to CITY for any portion of PROJECT within COUNTY limits. E. Not accept improvements under the contract for PROJECT until COUNTY ENGINEER approves, in writing, the construction as it affects the operations and maintenance of PROJECT within COUNTY limits within five business days. F. Furnish and deliver to COUNTY, if requested, all documents required in connection with the construction and completion of PROJECT. SECTION II COUNTY Shall: A. Review for approval by COUNTY ENGINEER the final plans, specifications and special provisions as to design and construction features affecting the construction, operation and maintenance of PROJECT within COUNTY limits within five business days. B. Be responsible for the entire total cost of PROJECT construction and any approved extra work for that portion of PROJECT construction within COUNTY limits, plus a proportionate share of the engineering and inspection costs based on the ratio of the COUNTY's's construction costs to the total contract construction costs and deposit the full amount of COUNTY's share of PROJECT construction and engineering costs with CITY prior to commencement of PROJECT construction. The portion of PROJECT within COUNTY limits shall be as COUNTY boundaries exist at the time the CITY's Council awards the contract for PROJECT. Total costs will be determined by multiplying the awarded contract's actual bid Page 2 of 6 2 3 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • *Agreement No. D06 -026 unit price by the total number of work items within COUNTY limits. The estimated cost for COUNTY's's portion of PROJECT construction cost is approximately Fifty Eight Thousand Zero Hundred Dollars ($58,000.00), including engineering and inspection costs, materials testing, and construction administration costs, and in no event shall the final cost to COUNTY exceed Fifty Eight Thousand Zero Hundred Dollars ($58,000), plus 10% contingency cost without prior written approval of COUNTY. County approval for any costs over and above the $58,000, plus 10% contingency costs, shall not be unreasonably withheld provided that the request is supported by complete documentation of the need for and costs of such actions. C. Have access to the PROJECT work area at all times during the progress of construction of PROJECT within COUNTY limits for the purpose of inspection and should COUNTY deem any remedial measures to be necessary, COUNTY shall immediately notify CITY thereof in writing. D. Review completed construction for PROJECT and give CITY approval to accept improvements within COUNTY limits. Approval shall be withheld only for work not completed per the approved plans and special provisions and approved extra work. E. Not withhold any approval or concurrence without good cause. SECTION III PAYMENTS AND FINAL ACCOUNTING: A. After CITY receives bids for PROJECT construction, COUNTY will, upon CITY's written request, deposit with CITY, COUNTY's's entire share of PROJECT's construction costs based on actual bid prices. B. Within ninety (90) days after acceptance of the improvement under the contract by CITY, CITY shall submit to COUNTY for review and approval by COUNTY ENGINEER, a Final Accounting Report for PROJECT. If the Final Accounting Report as approved by COUNTY ENGINEER shows that the total cost to COUNTY is less than the amount deposited with CITY, CITY shall promptly reimburse COUNTY the difference between the amount deposited and the actual cost. If the Final Accounting Report as approved Page 3 of 6 `J 4greement No. D06 -026 1 by COUNTY ENGINEER shows that the total cost to COUNTY is more than the amount deposited by 2 COUNTY, COUNTY shall promptly reimburse CITY for the difference between the amount deposited 3 the actual cost, subject to the provisions of Section II B. 4 1 SECTION IV 5 It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT: 6 A. CITY assumes responsibility for the portion of the PROJECT within COUNTY limits sole! 7 for the purposes of PROJECT construction and for no other purposes. Upon acceptance of the PROJECT 8 improvements under the contract by CITY, COUNTY shall accept ownership and responsibility for the 9 portion of PROJECT within COUNTY limits. 10 B. Pursuant to and in accordance with Section 8546.7 of the California Government Code, as 11 this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars 12 ($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of 13 California for a period of three (3) years after final payment under this Agreement. 14 C. That neither COUNTY nor any officer or employee thereof shall be responsible for any 15 damage or liability occurring by reason of anything done or omitted to be done by CITY under or in 16 connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. It is also 17 understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, 16 defend with Counsel approved in writing by COUNTY, and hold COUNTY harmless from any liability 19 imposed for injury, (as defined by Government Code Section 810.8), occurring by reason of anything done 20 or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to 21 CITY under this Agreement. 22 D. That neither CITY nor any officer or employee thereof shall be responsible for any damage 23 or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connectior 24 with any work, authority, or jurisdiction not delegated to CITY under this Agreement. It is also understood 25 and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend with 26 Counsel approved in writing by CITY, and hold CITY harmless from any liability imposed for injury (as Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i *Agreement No. D06 -026 defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY or in connection with any work, authority, or jurisdiction not delegated to CITY under this Agreement. E. The Parties agree that any agreement made by CITY for the work to be performed pursuant to this Agreement is made and entered into for the protection and benefit of COUNTY and CITY and their respective successors and assigns. As such, CITY agrees to identify COUNTY as third party beneficiary in all such agreements entered into with contractors for the work performed pursuant to this Agreement. COUNTY's's third party beneficiary rights shall include, but not be limited to COUNTY's's right of enforcement against any contractor hired by CITY for work performed in the COUNTY's, and COUNTY's shall have the right to enforce any agreement between CITY and its contractors for such work. 111 Page 5 of 6 2 4 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 *Agreement No. D06 -026 IN WTINESS WHEREOF, the CITY has caused this Agreement to be executed by the Mayor and attested by its clerk, and COUNTY has caused this Agreement to be executed by its Chairman of the Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. Date: 9—(5-0(., COUNTY OF ORANGE, a political subdivision of the State of California By: � f Chairman of thd and of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL TO THE CHAIR OF THE BOARD OF SUPERVISORS 0 By: By: Darlene J. Bloom Nuty Clerk of the Board of Supervisors of Orange County, Califomia THE CITY OF NEWPORT BEACH, A municipal corporation ATTEST: City Clerk of the Council Mayor Approved as to form: Off.^ C, Grp /' SS tsf+► M City Attorney Page 6 of 6 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkess, MMC June 19, 2007 All American Asphalt P. O. Box 2229 Corona, CA 92878 Subject: Bristol Street North Rehabilitation from Campus Drive to Jamboree Road (C -3815) To Whom It May Concern: On May 8, 2007, 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 May 15, 2007, Reference No. 2007000314014. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 088 53 329. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4'� 12� . /(�� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Stephen J. Luy, P.E. 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 $ RISTOL STREET NORTH STREET REHABILI "'ATION FROM CAMPUS DRIVE TO JAMBOREE Ra jQ CONTRACT NO. 3815 EXECUTED IN FOUR (4) PARTS BONb NO. 088 53 329 LABOR AND MATERIALS PAYMENT BON.) WHEREAS, the City Council of the City of Newport Beach, Stab: of California, by motion adopted, has awarded to All American Asphalt, hereinafter designated as the "Principal," a contract for construction of BRISTOL STREET NORTH STREET R- HABILITATION FROM CAMPUS DRIVE 1 O JAMBOREE ROAD, Contract No. 3815 in the C ity of Newport Beach, in strict conformity with the plans, drawings, specifications and other Co itract Documents in the office of the Publid Works Department of the City of Newport Beach, all of which are incorporated herein by this referlence. WHEREA$, Principal has executed or is about to execute Coi4ract No. 3815 and the terms thereof regbIre the furnishing of a bond, providing that if Princi)al or any of Principal's subcontractors, s II fall 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 exi ant hereinafter set forth: NOW, :THEREFORE, We the undersigned Principal, and, FIDELITY AND pEPOSIT rraeE& 10F MAgya ► duly authorized to transact business under thA laws of the State of California, as Surety, (referred lo herein as "Surety ") are held firmly bound junto the City of Newport Beach, in the sum of Five Hundred Thirty -Seven Thousand, Five Hundred Thirty -Seven Hundred Dollars and 00/1)0 ($537,537.00) lawful money of the UnitAd States of America, said sum being equal to 100% )f the estimated amount payable by the C* of Newport Beach under the terms of the Contract; for which payment well and truly to be mope, we bind ourselves, our heirs, executors and admir fstrators, successors, or assigns, jointly anj severally, firmly by these present. THE CONIJITION OF THIS OBLIGATION IS SUCH, that if the Pincipal or the Principal's subcontractors, fall to pay for any materials, provisions, or other Kupplies, Implements or machinery used in4 upon, for, or about the performance of the work cunt acted to be done, or for any other work oil labor thereon of any kind, or for amounts due urder the Unemployment Insurance Code wio respect to such work or labor, or for any amounts required to be deducted, withheld and Poid over to the Employment Development Departmii nt from the wages of employees of the 0rintjpal and subcontractors pursuant to Section 130:0 of the Unemployment Insurance Code with respect to such work and labor, then the Surety viii pay for the same. In an amount not exceeding the sum specked in this Bond, and also, in case ; uit Is brought to enforce the obligations of t his Bond, a reasonable attomey's fee, to be fixed by t ie Court as required by the provisions of S$ction 3250 of the Civil Code of the State of California. 56 0 0 The Bondi shall inure to the benefit of any and all persons, corn ponies, and corporations entitled to file clair♦ns under Section 3181 of the California Civil Code so its to give a right of action to them or their adsigns in any suit brought upon this Bond, as required I ly and in accordance with the provisions of $actions 3247 et, seq. of the Civil Code of the State of i:alifomia. Hna ary ure, Tor value received, hereby stipulates and agrees the: no change, extension of time, alterations br additons to the terms. of the Contract or to Chic: work to be perforated thereunder or the *specifications accomparfying the same shall in any wl; a affect its obligations on this Bond, and it does hereby waW notice of any such change, extens on of time, alterations or additions to the terns of the Contract or to the work or to the speciflcatior s. In the event that any principal above named executed this Boid as an individual, it is agreed that the d6ath of any such principal shall not exonerate the S uety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly execued by the above named Principal and Surely, on the 6th day of NOVENSER ppp; 2006 ALL AME}iICAN AUMT All American Asph It (Principal) TIDELITY'AND D 'IT G ANY OF MAYLAND Name of Surety 801 NO. BRAND aVD GLENDALE, CA. 91203 Address of -Surety' SURETY: 818409 -2800 AGENT; 714- 935 -1112 Telephone OWEN M. noWN, ATTORNEY -IN -PACT Print Name and Tice NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY IAUST BE ATTACHED 57 Actwe'r CALIFORNIA ALL - PURPOSE ACK &IOWLEDGMENT l JlJV 'U li`-W�J-� State of California County of Riverside SS. On November 7. 2006 before me, Debbie A. Matsen, Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley Name(j of Signerpj ..I DEBBIE A. MATSEN Commission # 1452589 Notary Pudic - California Riverside County .$ - My Comm. . Expires Nov 22, 2007 X personally known to me setisfaeteq�vidraacrt to be the person(A whose name$A islaresubscribed to the within instrument and acknowledged to me that helshem"Y executed the same in hisMerAheiF-authorized capacky(ies), and that by histhe#llwic signatureA on the instrument the person( A or, the entity upon behalf of which the person(p) acted, executed the instrument. WITNESS my hand and official seal, 191 L 19. _'mrrCAP.r�7 Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond City of Newport Beach Document Date: November 6. 2006 Number of Pages: 2 Signer(g) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Title: Vice President Partner- Limited _General Attorney -in -Fact _Trustee _Guardian or Conservator Other. Signer is Representing: All American Asohalt Top of thumb here • 0 CDUllW ORANGE 11 -6-06 tlefa0m0._ BARBARA J. Bl=ZR V� mr7r..rm/ra.waowvurer pmplaw wpamd OflBN M. BROtPN - _ _ rw.�Irwar.arr BARBARA J. BENDER ComMnatam # 1494946 Nft q Pubne - CoYfomla Orange County Comm. EXPUM u113.2D �Y`t - i. lb be 1110 Pe ORW VhOs 110IM99k OP7110AU L Dosmipftn 71 +aryhNSl�ASflirlorlrAartrbPYnG R�poNMmeOlibD��i ?w/sdm�sall+aUoaO�P�sran[ 6> vaolukpraa�iadandwr�nrmre rC�TSAarxr benaeaba WaaefR of or af PAXIMT BOND N0. 088 53 329 Doowm*Dab: 11- 6.-,06 NumbwdPagea S Q (2) SWWW ALL AMERICAN ASPHALT Cgpw*y&*by SWW 640nePs menr . ONEN M. BROWN O bliSvim ron oamuume 0 Gbw0aft o rxer —mesm: 0 Pwkw -0Lknm DCaeoewi AEXAi1i 4act 0 Twatee 0 OAwMmarOmleelrebr 0 COW is neFe ng FIDELITY ADD DEPOSIT COKPANY . OF MA AND e+eaPxn�.rww�.rre•awaOar. roo ew9ma•aaweaamraa0e•r. I wacwwa resacmVeMWer This Document w electronically recorded by • ECert Mail A Recorded in Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, Clerk - Recorder WHEN RECORDED RETURN TO: 1111N�l MINIl'II�INjIl NO FEE City Clerk 6N IYI 21Y00700011I3111Y4014 10:45am 05/15/07 City of Newport Beach 122A 49 N121 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 November 14, 2006. Said Contract set forth certain improvements, as follows: Bristol Street North Rehabilitation from CamDus Drive to Jamboree Road (C -3815) Work on said Contract was completed, and was found to be acceptable on May 8. 2007, 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 1 certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 7 at Newport Beach, California. BY ( /IUU I fl.14i City Clerk L(i PV? 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkdess, MMC May 9, 2007 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3815) Bristol Street North Rehabilitation from Campus Drive to Jamboree Road Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Encls. 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 • i 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 Asphaft, of Corona, California, as Contractor, entered into a Contract on November 14, 2006. Said Contract set forth certain improvements, as follows: Bristol Street North Rehabilitation from Campus Drive to Jamboree Road (C -3815) Work on said Contract was completed, and was found to be acceptable on May 8, 2007, 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. 04orks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. t0FN9&Cff0Uffl CITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT it Agenda Item No. to May 8, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 - 644 -3311 or sluy @city.newport- beach.ca.us SUBJECT: BRISTOL STREET NORTH REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3815 RECOMMENDATIONS: 1. Accept the work. 2. 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. 3. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On October 10, 2006, the Newport Beach City Council approved an agreement with the County of Orange to add resurfacing of County owned portions of the intersection at Bristol Street North and Campus Drive to the Bristol Street North Rehabilitation Project. The County agreed to pay up to $58,000, plus a 10% contingency cost, as its share of costs for construction in and around the intersection of Bristol Street North and Campus Drive. The City also received a grant through the Arterial Highway Rehabilitation Program (AHRP), federal funds administered through CalTrans, up to a maximum of $163,260 for construction on Bristol Street North. On November 14, 2006, the City Council awarded Bristol Street North Rehabilitation, Contract No. 3815, to All American Asphalt for the total contract bid price of $537,487. Council also approved a Budget Amendment appropriating $58,000 representing the above mentioned contribution from the County of Orange for work around the intersection of Bristol Street and Campus Drive. This project consisted of removing and reconstructing roadway, driveway approaches, curb access ramps, curb and gutter; placing asphalt base course, grinding and placement of asphalt overlay; and other • incidental items of work. Bristol Street North Rehabilitaefrom Campus Drive to Jamboree Road — Compled Acceptance of Contract No. 3815 May 8, 2007 Page: 2 The contract has now been completed to the satisfaction of the Public Works • Department and that portion of work in the County of Orange has been approved to the County's satisfaction. As soon as the City receives confirmation of the recordation of the Notice of Completion, staff will invoice the County for funding reimbursement. The Contractor was allowed 40 working days for completion of work and completed the project in approximately 35 working days. A summary of the contract frost is as follows: Original bid amount: $537,487.00 Quantity extras $ 21,348.67 One change order: $ 14.617.01 Final contract cost: $573,452.68 One change order, in the amount of $14,617.01, was approved for additional irrigation modifications, traffic striping, cold milling, asphalt, curb and gutter, sidewalk, access ramps and the installation of a temporary fence. Quantities were adjusted in the field to meet actual conditions. Funding for the extra costs will come from the project contingency. The final construction cost, including the change order and quantity extras, was $573,452.68, which is 6.7 percent over the original bid amount. Other Project Costs: In addition to the primary construction contract, this project involved other project • expenses from the following funding sources, Bristol Street Relinquishment Fund, Arterial Highway Rehabilitation Program, County of Orange contribution. Total project expenses are summarized as follows: Construction $573,452.68 Construction Inspection $ 1,800.68 Geotechnical Materials Testing $ 9,450.00 Incidentals $ 1.082.13 Total Project Cost $585,785.49 Environmental Review: This project qualified for a Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the Implementing Guidelines of the California Environmental Quality Act. This exemption permits minor alterations to exiting public and private structures that involve negligible expansion of use. Existing drainage patterns, hydraulic flow, and flood control were not impacted and the site had no sensitive vegetation. • Bristol Street North Rehabilitation from Campus Drive to Jamboree Road — Completion and Acceptance of Contract No. 3815 May 8. 2W7 Page: 3 • Funding Availabilitv: Funds were encumbered from the following accounts to pay for construction: Account Description Bristol Street Relinquishment County Contribution AHRP Funds Prepared by: Stephen J. Luy, PE Project Manager r� U L� Account Number Amount 7253- C5100875 $447,128.29 7251- C5100875 $29,047.77 7285- C5100875 $109,609.43 Total: $585,785.49 Submitted by: Badum s Director STATE OF CALIFORNIA. BUSINESS, Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274 -0001 TDD (916) 654 -4014 (916) 654 -3151 Fax (916) 653 -7621 December 15, 2006 Mr. Bill Patapoff City Engineer City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Mr. Stephen Luy Dear Mr. Patapoff: AND HOUSING AGENCY Amolldd Schiwarzenegger, Govemor File: 12- ORA- 0 -NPTB STPL5151(020) Bristol Street North from Jamboree Road to Campus Drive Enclosed are your fully executed copies of Administering Agency -State Agreement No. 12 -5151 R and Program Supplement Agreement No. 017 -N . Sincerely, A_1� *cz DENIX ANBIAH, Chief Office of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (12) DLAE - Alan Williams PROGRAM SUPPLEMENT NO. N017 • to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12- 5151)`Z 4L October 25, 2006 Location: 12- ORA- 0 -NPTB Project Number:STPL- 5151(020) E.A. Number: 12-931758 This Program Supplement hereby incorporates the Administerin Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 01,;6 0(and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. aW06- / 0J5- approved by the Administering Agency on 1 a _ l'1_0 p (See copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. PROJECT LOCATION: Bristol Street North from Jamboree Road to Campus Drive TYPE OF WORK: Road rehabilitation LENGTH: 0.8 (MILES) Estimated Cost Federal Funds Matching Funds $644,755.00 Q230 $163,260.00 LOCAL $481,495.00 $0.00 OTHER $0.00 CITY OF NEWPORT BEACH By Date 111g/ A C� Attest aablL, 2z Title STATE OF CALIFORNIA Department of Transpo ation By v chief, Office of Project Implementation Division fe Local Assistance �J� Date � J ZJz : 0V e I hereby certify upoa n6' personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic Date 6t'7�MIM7 $163,260.00 Chapter I Statutes I Item I year Program I BC I Category Fund source AMUM 38 2005 2660- 102 -890 2005 -2006 20.30.010.810 C 262040 892 -F Program Supplement 12- 5151 -N017- ISTEA 163,260.00 Page 1 of 3 o72- ORA- 0-NPTB 11/01/2006 STPL- 5151(020) • SPECIAL COVENANTS OR REMARKS• The'ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS 433 P. O. Box 942874 Sacramento, CA 94274 -0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 3. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 4. Any State and Federal .funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letters) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds Program Supplement 12 -5151 R -N017- ISTEA Page 2 of 3 •12- ORA- 0 -NPTB 11101/2006 STPL- 5151(020) • SPECIAL COVENANTS OR REMARKS are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations /obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six -month period. If no costs have been invoiced for a six -month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. Program Supplement 12 -5151 R -N017- ISTEA Page 3 of 3 •12/13/2006 FRI 9:05 FAX . • 2002/003 RESOLUTION NO. 2006- tos A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DELEGATING AUTHORITY TO CITY MANAGER TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR LOCAL ASSISTANCE TRANSPORTATION PROJECTS WHEREAS, the City of Newport Beach is eligible to receive Federal and /or State funding for certain transportation projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and /or Fund Transfer Agreements need to be executed with the Califomia Department of Transportation before such funds could be claimed; and WHEREAS, the City of Newport Beach wishes to delegate authorization to execute these agreements and any amendments to the City Manager and that the City Manager be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/or any Amendments thereto with the Calffomia Department of Transportation. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport "Beach hereby delegates to the City Manager the authority to execute the individual Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and /or any Amendmentsthereto with the California Department of Transportation. This Resolution shall take effect immediately upon its adoption. Adopted this 12 day of December, 2006. ATTEST: Mayor P-• �7 11 I r s1. T� we /a- /3-Gyo 1211S/2006 FRI 9:05 FAX • • 0003/003 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 1, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being. Resolution No. 2006 -105 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of December 2006, and that the same was so passed and adopted by the following vote, to wit: .Ayes: Henn,. Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 18th day of December 2006. City Clerk ? Newport Beach, California (Seal) MASTER AGREEMENT ADMINI *RING AGENCY -STATE AGREE &T FOR FEDERAL -AID PROJECTS 12 City of Newport Beach District Administering Agency Agreement No. 12 -5151 R This AGREEMENT, is entered into effective this day of 2006, by and between the City of Newport Beach, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE, and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs. These transportation programs include, but are not limited to, the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement Program (HSIP) and the Highway Bridge Program (HBP) (collectively the "PROGRAMS "); and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal -aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal -funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Pagel of 26 9 0 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for federal -aid projects, hereinafter referred to as "PROGRAM SUPPLEMENT', has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The term "PROJECT', as used herein, means that authorized transportation related project and related activities financed in part with federal -aid funds as more fully- described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E -76" or "E -76 (AMOD)" document authorized by STATE or the Federal Highway Administration (FHWA). 3. The E- 76 /E- 76(AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal -aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these Federal Funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 5. ADMINISTERING AGENCY agrees to execute and return each project- specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations /obligations and invoice payments for any on -going or future federal -aid project performed by ADMINISTERING AGENCY if any project- specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of Federal Funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative /Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, State and matching funds will not participate in PROJECT work performed in advance of the approval of the E -76 or E -76 (AMOD), unless otherwise stated in the executed project - specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project- specific E -76 or E -76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E -76 (AMOD) from STATE for that phase(s) unless no Further Federal funds are Page 2 of 26 needed or for those future *se(s). • 8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization ". 9. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES ") relating to the federal -aid program, all Title 23 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project- specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES. 11. If PROJECT involves work within or partially within STATE -owned right -of -way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS &E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed Page 3 of 26 project- specific PROGRA *PPLEMENT. • 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full -time employee to be in responsible charge of each PROJECT. 16. ADMINISTERING AGENCY shall submit PROJECT - specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874, Sacramento, California 94274- 0001. 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eight (180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES. 18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT - related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY. Page 4 of 26 0 0 ARTICLE If - RIGHTS OF WAY 1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non - matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal Funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non - profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT- displaced persons as provided in 49 CFR, Page 5 of 26 Part 24. • • 6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, shall also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of the AGREEMENT, as appropriate. Page 6 of 26 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well- trained staff of engineers and /or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 26 0 0 ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE'S financial commitment of Federal Funds will occur only upon the execution of this AGREEMENT, the authorization of the project- specific E -76 or E -76 (AMOD), the execution of each project - specific PROGRAM SUPPLEMENT, and STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the project- specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project- specific PROGRAM SUPPLEMENT or through a project- specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations /obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. 6. Invoices must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and /or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. B. An Indirect Cost Rate Proposal and Central Service Cost Allocation Plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for federal reimbursement. 9. Once PROJECT has been awarded, STATE reserves the right to de- obligate any excess Federal Funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E -76 or E -76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all Federal Funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. Page 8 of 26 0 0 11. The estimated total cost of PROJECT, the amount of Federal Funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E -76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of Federal Funds will be limited to the amounts authorized on the PROJECT specific E -76 / E -76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 13. ADMINISTERING AGENCY shall use its own non - Federal Funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with Federal Funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 16. Federal Funds encumbered for PROJECT are available for liquidation for a period of seven (7) years from the beginning of the State fiscal year the funds were appropriated in the State Budget, State funds encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless an Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT - related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A -87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Page 9 of 26 0 0 19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub - recipient receiving PROJECT funds as a contractor or sub - contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 20. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A -87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within thirty 30 days of demand, or within such other period as may be agreed in writing between the PARTIES hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third -party source; including but not limited to, the State Treasurer, the State Controller and the CTC. 21. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal -aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page 10 of 26 0 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A -133 if it receives a total of $500,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A -133. 6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 11 of 26 7. Any subcontract entered into by ADMINISTERING AGENCY as a. result of this AGREEMENT shall contain all of the provisions of ARTICLE IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS, and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures. 9. In addition to the above, the pre -award requirements of third -party contractor /consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. Page 12 of 26 ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that: A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. B. if any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form -LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party 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. 2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub - agreements which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly. Page 13 of 26 9 0 ARTICLE VII - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all State funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations. 2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government. 4. Each project- specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT. 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or FTA that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this Page 14 of 26 AGREEMENT. . • 10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project- specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered. Page 15 of 26 16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and /or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project- specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project - specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT. 18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TR NSPORTATION By Chief, Office of Project Implementation Division of Local Assistance ■ . - .�� ' Page 16 of 26 City of Newport Beach City of NVport Beach' Representative Name & Title (Authorized Governing Body Representative) Date /�"'"�'"' �Z/ •2 e O EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290 -0 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a4), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. Page 17 of 26 0 (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 18 of 26 • • EXHIBIT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program ") conducted, or will be (with regard to a "facility ") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING. AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. Page 19 of 26 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub - grantees, applicants, sub - applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. Page 20 of 26 0 0 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Race - Neutral Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Race - Neutral Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and /or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 es seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub - applicants, transferees, successors in interest and other participants in the federal -aid Highway Program. Page 21 of 26 0 0 APPENDIX A TO EXHIBIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub - applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub - agreements, Including Procurements of Materials and Equipment: Ih all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub - agreement, including procurements of materials or leases of equipment, each potential sub - applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and /or (b) cancellation, termination or suspension of the Agreement, in whole or in part. Page 22 of 26 n i (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub - agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub - agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub - applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. Page 23 of 26 • APPENDIX B TO EXHIBIT P0 The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d -4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and)' (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above - mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re -enter said lands and facilities on said land, and the above - described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.` Reverter clause and related language to be used only when it is determined that such a clause is Page 24 of 26 necessary in order to effecVe the purposes of Title VI of the C'0 Rights Act of 1964. APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land ") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally ?assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)' That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re ?enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)' That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re ?enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 25 of 26 0 0 APPENDIX D TO EXHIBIT B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land ") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)' That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)' That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re ?enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 26 of 26 i 12/15/2006 FRI 9:05 FAX • • RESOLUTION NO. 2006- 105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DELEGATING AUTHORITY TO CITY MANAGER TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR LOCAL ASSISTANCE TRANSPORTATION PROJECTS /0002 /003 WHEREAS, the City of Newport Beach is eligible to receive Federal and/or State funding for certain transportation projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and /or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and WHEREAS, the City of Newport Beach wishes to delegate authorization to execute these agreements and any amendments to the City Manager and that the City Manager be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and /or any Amendments thereto with the California Department of Transportation. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach hereby delegates to the City Manager the authority to execute the individual Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/or any Amendmentsthereto with the Carrfomia Department of Transportation. This Resolution shall take effect immediately upon its adoption. Adopted this 12 day of December, 2006. Mayor ATTEST: i ►� =tit a. .12/15/2006 FRI 9:05 FAX • . 0003/003 r „ STATE OF CALIFORNIA } I i r COUNTY OF ORANGE CITY OF NEWORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution,'being.Resolution No. 2006 -105 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of December 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of December 2006. �Y City Clerk I Newport Beach, California (Seal) r*uoo M�