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HomeMy WebLinkAboutC-3826 - Jamboree Road Street Rehabilitation from San Joaquin Hills Road to Ford Road (project design - C-3785)CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harldess, MMC December 12, 2007 All American Asphalt, Inc. P.O. Box 2229 Corona, CA 92878 Subject: Jamboree Road Rehabilitation (C -3826) To Whom It May Concern: On December 12, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on January 18, 2007. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 08853158. Enclosed is the Faithful Performance Bond. Sincerely, i L.aVonne M. Harkless, MMC City Clerk cc: Public Works Department enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND NO. 088 53 158 FAITHFUL PERFOMANCE BOND EXECUTED IN FOUR (4) PARTS The premium charges on this Bond is $ 4,510.00 being at the rate of $ 4.25 thousand of the Contract price. WHEREAS, the City Counat of the City of Newport Beach, State of California, by motion adopted. awarded to All American Asphalt, hereinafter designated as the 'Principalo, a contract for construction of JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD, Contract No. 3826 in the City of Newport Beach, in strict conformity with the plans, drawings. Specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3826 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal. and _FIDELITY AMID DEPOSIT COMPANY OF MARYLAND . duly authorized to transad business under the laws of the State of Caltomis as Surety (hereinafter "SUFW). are held and firmly bound unto the City of Newport Beach, in the sum of One Million Sb t 6One Thousand, Slidy -One and 001100 Ddlars ($1,061,061.00) lawful money of the United States of America, said sum tieing equal to 100% of the estimated amount of the Contras, to be paid to the City of Newport Beach, its Successors, and assigns; for which payment well and tray to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that N the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions. and agreements in the Contract D06&Ments and any alteration thereof made as therein provided on its part, to be kept and 08ifarmed at the time and In the manner therein specified, and in all respeds according to its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents. as therein stipulated, then. Surety will faithfully perform the same, in an anrwnt not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 67 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bored, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only m the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change. extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by the Cfty. In the event that the Principal executed this bond as an individual, it is agreed that the death of arty such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19 th day of June .20N. . Alf American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Fume of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818 -409 -2800 AGENT* 714-935-1112 Telephone IR F111 , FAUs 06-MALMOREE At ABSJW TO FORD C— MMCONTRACT G382&M=. W4oc �f;] ACKNOWLEDGMENT State of California County of Rivers! SS. On June 22, 2006 before me, Debbie A. Matsen. Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley NanWS) of Signer(r) Y OPTIONAL X personaNy known to me --Pmved4a ma on the 1,09W of to be the person whose narneW Istive•su to the wWdnn instrument and acknowledged to me that helaheltlwy- executed the sane in Ns autindzed capactty(les} and tlwt by ttieiherANtek- signatureA on the Instrument the personit) or. the entity upon behalf of wtich the person(s) acted, executed the instrument WITNESS my hard and official seal, to 4./ i !) .'�iay WUMC S�pnature of Notary PubtiC Though the irftmadon below is not required by law, N may prove valuable to persons fWyirtg on the document and could prevent haudulent removal and reattachment of this forth to another docwnwd Description of Attached Document Title or Type of Document: Faithful Performance Bond. City of Newport Beach Number of Pages12 SignerW Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley _Individual RCorporate Officer TitieW: Vice President Partner - —Limited _General Attorney -in -Fact _Trustee _Guardian or Conservator Other: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California as. County of ORANGE 6-19 -06 BARBARA J. BENDER On a.re before me, IYerdl dnaotaa- r.uxauaryuWrn persona4 apps OWEN M BROWN 1 fir: *•/ I:�:�V;i:4;i': �:!!:1:1•_,:(�a:�a:P:C: ° Y:1 {f:5: =',:: is "::::'d1: to be the person(m) whose namely is140 subscribed to the within instrument and admowledged to me that haMoobcexecuted the same In hisimWlYir authorized cepadMiss), and that by hmUWW on the instnarm t the peram", or the upon behalf of which the person(*) thehnsbumerd._ OPTIONAL Though theiYonnaden berms notrequtadbyhon NoWp emzkq41a IDP*m" /figmtIIB abdrnsnf endCSUrdPrerea daudWrd reauva auudree6radnuenf axis /am bano9wdsarml re .lih' e.... X1,1 Tide or Type of Document PERFORMANCE BOND NO. 088 53 '158 DoomentData: 6 -19-06 NranberofPages: TWO 2 Stgner(s) Other Than Named Above: ALL AMERICAN ASPHALT Capa !Wies) Chimed by S191m Sl"ft Name: OWEN M. BROWN 0 hrdilAdual Topol hm 0 Corporate Officer— Title(sj 0 Partner -0 LLmtied 0 General XWOMA mey- in-Fad 0 Trustee 0 Guardian or Conservator 0 Other: Sider Is Representing. FIDELITY AND DEPOSIT C(MANY OF MARYLAND alm-, rmW,?. oar. emus sdeke, PAD" mm- ch mm8%c n�•...+�,� ..-._ 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harldess, MMC January 18, 2007 All American Asphalt, Inc. P.O. Box 2229 Corona, CA 92878 Subject: Jamboree Road Rehabilitation (C -3826) To Whom It May Concern: On December 12, 2006, 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 December 14, 2006, Reference No. 2006000838194. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08853158. Enclosed is the Labor & Materials Payment Bond. Sincerely, �°v � , 41Z" LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael Sinacori, 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 F NEWPORT BEACH • PUBUC WORKS DEPARTMENT CONTRACT NO. 3826 BOND NO. 088 53 158 EXECUTED IN FOUR (4) PARTS LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to All American Asphalt hereinafter designated as the 'Principal,' a contract for construction of JAMBOREE ROAD REHABILITATION FROM SAN JOAQWN HILLS ROAD TO FORD ROAD, Contract No. 3626 In the City of Newport Beach, in strfd conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are Incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 3828 and the terms thereof require the fumishing of a bond, providing that if Principal or any of Principars subcontractors, shall fall to pay for any materials, provisions, or other supplies used in, upon, for, or about the perfonnanoe of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Frnm.rry awn nRPASIT�iMPAr15"�F xCa gun duly authorized to transact business under the laws of the State of Caltfomia, as Surety, (referred to herein as'SureW) are held firmly bound unto the City of Newport Beach, in the sum of One Million Sixty-One Thousand, Sbdy -One and 001100 Dollars ($1,001,061.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terns of the Contract for which payment well and truly to be made, we bind ourselves. our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done. or for any other work or labor thereon of any kind, or for amounts due under the Unamployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuard to Section 13020 of the Unemployment Insurance Code VA respect to such work and labor, then the Surety will pay for the same, to an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomis. KE 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Chill Code of the State of California. And Surety, for value received. hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this bond as an Individual, it is agreed that the death of any such principal shall not exonerate the Surety fret+ Its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of Junes 2006. All American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD A r.A- 91201 Address Surety SURETY: 818 -409 -2800. AGENT: 714 -935 -1112 Telephone OWEN .'M. BROWN, ATTOMEr-IN-,FACT Print Name and *redo NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 58 CALIFORNIA ALL- PURPOSE State of Cafrfomia County of Riverside SS. s, r' J i DEBBIE A MAMN Commbsbn * 1452589 § OlMyComm. Notary PubIIC - CaiH0 Io RNerskle County Expires Nov 22, 2007 OPTIONAL x aersongy known to me to be the person(&) whose name(a) iSAm� to the wilhin trwbumeM and ee awwledged to no Beat he/aheMW ea Droned the same in cWadtY(ies), and that by Ns7AeWftW- signature(e) on the instrument the personM or, the en ft upon bahatof wfkeh the person(s) ailed, executed the instrurr" WITNESS my hared and atidal seal. 6. Sowwre of Notary Public exn - - - - v s r r. r• - Description of Attoolied Docurnent We or Type of Document: Labor and Materials Pawnent Bond. City of NftmW Beach a• - D- 2006 Nwnber of cr' W") Other Than Named Above: Owen M. Brown Siier's Name: Robert Bradley _kuJividual XCorporate Officer Tite(F): Vice President Partner- Wiled _General Attomey -in -Fact Trustee Guardlen or Conservator ^Otlher: Top of tleanb two • • CAUFORNIA ALL4nnUN SH ACRNOWLEDOMENT State of Caldomfa ss. County of QRANGB On 6 -19 -06 before me BARBARA J. BENDER om. N.Matl'fia141WaIrbAYe. oee rA4+r serer personally appeared OWEN 14. BROWN NMmlo '- :Y.tV'dil <b:!:Y•Y:1' ?:4Pi1: to be the person{y whose neme(y lslge subscribed to the wfihin instrument and edwowtedged to me that hak0oftwexecuted the same In hWbMMWM r authorized capacdy(fes), and that by his/IamilM signaturaM on the Instrument the person(o), or the 9 MW upon behalf of which the person(s) d• dmuted the hutrunent. 77XYO ft kAxMRRW t+ebrrlroa MW*4dby1Mg Rmg'P+mg mk+aE`� b ps'axrs ra(Htt7arr9ie agRSnart,tadauF7pramd hauduW /wrorale+edroaEfsxfrnB+aof Mb pan b&wMwdowe&x. Description of Attached Document Me or Type of Document: PAYMENT BOND NQ 088 53 158 DocrrnerdDatM 6 -19 -06 Number of pages: TWO (2) Signer(s)00W Than Named Above : ALL AMBRIICAN ASPHALT Capac Wes) Claimed by StMer Signers Name: OWEN M. BROWN • individual rooae.,aneaa • Corporate Officer —T"s): • Partner— 0 Limited 0 Gerral XWWdtwney4n-Fad • Tnustee • Guatdan or Conservator ❑ 09M. Signer M Represent V: FIDELITY AND DEPOSIT COWART OF MARYLAND 079p NaWIeNr7aatllfw.•1990 CSaebM,. P. Q. eortBgl• CIWwaIgCA1191s2r0!•aw+ehtielYyay pwaw wr N CAM TJW"140i • 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and ct, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a sidings, and the execution of such bonds or undertakings in pursuan 'S on said Company, as folly and amply, to all intents and purposes, as if x ged by the regularly elected officers of the Company at its office in B rr s power of attorney revokes that issued on behalf of Owen M. BAa The said Assistant 19 Section 2, of the By-LM IN WITNESS affixed the Corporate December, A.D. 2004. ATTEST: 4�'0 DEV4f��. �{ P P' t� TO' ghat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. I 'OF, :the said Vice- President and Assistant Secretary have hereunto subscribed their names and Seal of the. said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland 1 ss: CityofBaltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Nice 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 saitb, 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 band and affixed my Official Seal the day and year first above written. �t µnlrrglr t�, j`Nt+}cRao �4ihp,t51�C Maria D. Adamski Notary Public My Commission Expires: July S, 2007 POA-F 012 -4160. �7 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT PE Agenda Item No. 9 December 12, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, P. E. 949 -644 -3315 or atran @city.newport - beach.ca.us SUBJECT: JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3826 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. 5. Approve a Budget Amendment transferring $29,736.18 from the unused and remaining funds from the 2005 -2006 Citywide Slurry Seal Program Measure M Tumback CIP Account No. 7281- C5100858 to Account No. 7281- C5100832. DISCUSSION: On June 27, 2006, the City Council authorized the award of the Jamboree Road Rehabilitation from San Joaquin Hills Road to Ford Road contract to All American Asphalt. The contract provided for asphalt pavement restoration, median concrete curb and access ramp replacement, traffic loops, striping, pavement markings and markers replacement, utility adjustment and landscape and irrigation improvements. The contract has been completed to the satisfaction of the Public Works Department. Jamboree Road Rehabilitation San Joaquin Hills Road to Ford Road - Completiiod Acceptance of Contract No. 3826 December 12, 2006 Page 2 A summary of the contract cost is as follows: Original Bid Amount: $1,061,061.00 Actual amount of bid items constructed: $1,090,897.73 Total amount of change orders: $87,762.00 Final contract cost: $1,178,659.73 The final overall construction cost including one Change Order was 11.1 percent over the original bid amount. A Change Order, in the amount of $87,762, was for median landscape and irrigation improvements on Jamboree Road between University Drive and Bayview Way previously improved under a separate contract. This landscape median work was originally planned to be completed by a separate contract after the road improvements. However, City staff felt that it would be prudent to include this work as a change order to this contract in order to minimize cost and construction time and to utilize the low -bid sub - contractor that was performing similar median improvements within this improvement project. The bid prices obtained in this contract were utilized to complete the change order work in the previous project area. The additional funding necessary to complete this work will be available upon approval of the attached Budget Amendment. There is a remaining balance of approximately $45,000 from the 2005 -2006 Citywide Slurry Seal Program (C -3800) in the Measure M Tumback fund of which $29,736.18 will be used for this project completion. The total construction cost was $1,179,659.73. Other Project Costs: In addition to the primary construction contract, this project involved other project expenses from other funding sources, Gas Tax Funds, Measure M Tumback Funds and AHRP Funds. Total project expenses are summarized as follows: Construction $1,178,659.73 Geotechnical Services $ 8,734.25 Construction Inspection $ 7,406.56 Incidentals and Parts $ 81.89 Total Project Cost $1,194,882.43 Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines when the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities in areas that are not environmentally sensitive. t Jamboree Road Rehabilitation k*n Joaquin Hills Road to Ford Road - Completion Acceptance of Contract No. 3826 December12,2006 Page 3 Funds will be expended from the following accounts for the project: Account Description Account Number Amount Measure M Tumback 7281- C5100832 $790,797.19 AHRP 7285- C5100832 $387,862.54 Total: $1,178,659.73 The original completion date was September 13, 2006. The completion date was extended to October 6, 2006 to accommodate the additional landscape and irrigation work. All work was substantially completed by the extended date. Prepared by: Andy Trafi, P. E. Associate Civil Engineer Attachment: Budget Amendment Submitted by: Wen G. Badum orks Director My of Newport Bead NO. BA- 07BA -034 BUDGET AMENDMENT 2006 -07 AMOUNT: 329,736.18 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance rx] Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Citywide Slurry Seal Program Measure M Turnback to Jamboree Road Rehabilitation from San Joaquin Hills Road to Ford Road. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3609) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 7281 Measure M - Tumback Account Number C5100856 Citywide Slurry Seal P1 Division Number 7281 Measure M - Turnback Account Number C5100832 Jamboree.Rd. Rehab - Division Number Account Number Division Number Account Number Division Number Account Number Rd to Ford Amount Debit Credit $29,736.18 $29,736.18 Automatic System Entry. t Signed: Financial Approval: Administrative Services Director Date Signed: Signed: Administrative Approval: City Manager City Council Approval: City Clerk Dat Date RECORDING REQUESTED BY AND Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder WHEN RECORDED RETURN TO: IIIIIIIIIInIIIIIIIIIIIIIIIIII�IIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE City Clerk 200600083819412:11 pm 12/14106 City of Newport Beach 102 a N12 t 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 �t "Exempt from recording fees ► P pursuant to Government Code Section 27383" F N 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, Inc. of Corona, California, as Contractor, entered into a Contract on June 27, 2006. Said Contract set forth certain improvements, as follows: Jamboree Road Rehabilitation from San Joaauin Hills Road to Fond Road (C-3826) Work on said Contract was completed on October 6. 2006, and was found to be acceptable on December 12. 2006, 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. C1 zr - LLl > c. o CUCN rr ,� ENS' v VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 13 � /3, d00J at Newport Beach, California. City Clerk r CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 13, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3826) Notice of Completion (C -3642) Notice of Completion (C -3800) Please record the enclosed documents and return them 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, Callfornia 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, Inc. of Corona, California, as Contractor, entered into a Contract on June 27, 2006. Said Contract set forth certain improvements, as follows: Jamboree Road Rehabilitation from San Joaquin Hills Road to Ford Road (C -3826) Work on said Contract was completed on October 6. 2006, and was found to be acceptable on December 12, 2006, 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 Ma and. puWc W6 As Director City of 06wport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /.Jt.CPil+ti, -&� /3, 010040 at Newport Beach, California. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND NO. 088 53 158 0 FAITHFUL PERFORMANCE BOND EXECUTED IN FOUR (4) PARTS The premium charges on this Bond is $ 4,510.00 being at the rate of $ 4.25 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted. awarded to All American Asphalt, hereinafter designated as the wncipar, a contract for construction of JAMBOREE ROAD REHABILITATION FROM SAN JOA(MN HILLS ROAD TO FORD ROAD, Contract No. 3826 in the City of Newport Beach, In strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of cite City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3826 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and yMLF ITy AND DEPOSIT COMPANY OF MARYLAND . duly authorized to transact business under the taws of the State of California as Surety (hereinafter °Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Sbdy -One Thousand, Sixty-one and 001100 Dollars ($1.061,061.00) lawful money of the United States of America, said sum being equal to IW% of the estimated amount of the Con tract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, exewtors and administrators, successors, or assigns, jointly and severally, firmly by Chase present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if fly Principal, or the Principal's hells, executors, administrators, successors, or assigns, fad to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and to all respects according to its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents. as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 67 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in Oft Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, insured by the City, Only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shalt In any way affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shalt be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Prirn1pal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of June .20N. M American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818 -409 -2800 AGENT: 7 4 -9 51112 Telephone DWF.N M_ RR�NN� ATTQRNFP —TN —FACT Print Nam. and Title Fq)8eralP$W0wm&0w*80Wy MO&JAMBOREE RD REKA8 -8MR TO FORD 43nacoNTRACT G3064ecovered.dw I:ALIF VKIYIA ALL- f'UKYVJt State of California County of Riverside ss. On June 22.2006 before me, Debbie A. Matsen. Notary Public, Data Name and Title of Officer Personally appeared Robert Bredlev Name(o) of Signer(e) DEBBIE A. MATSEN @Commission # 1452589 ,My Notary Public - California Riverside County Comm. Expires Nov 22, 2007 OPTIONAL 2( personally known to me to be the persenp) whose nemeW is/2a-subscribed to the within Instrument and acknowledged to me that hefeheNhey- executed the same In hlsiherlfbelFeutFwriaed capacity(ies} and that by hislhefAheir- signatureJa{ on the instrument the persoro) or, the entity upon behalf of which the person(a) acted, executed the instrument WITNESS my hand and official seal, Through 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: June 19.2006 Number of Pages L2 SignerW Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Titles): Vice President Partner- Limited _General Attomey -in -Fad _Trustee _Guardian or Conservator Other: Tap of thumb here a 0 CALIFORNIA ALUKIRPOSE ACKNOWLEDGMENT State of Offmmia County of ORANGE ss 6 -19 -06 BARBARA J. BffiIDER On before ma ore H�.dir•orov.rt.a�'im oft No" aoe&q peisenaty appeared OWEN M. BROWN Nm-masZom • -- �hr� i ;-7 .7 W4.4: rr:'i . • :! l:I; Ab:(J:1: ):[i1:2 : S:C:iE:-::: L- :1:'.� i:f:1 o be the Person(ai whose nelneW Is/4r subscribed to the within Instrtmtant and acknowiedged to me Owl haMNOWaxetsded the same in hWA=t * authorized capacH ms), and that by hislYPOW on the instrument the person(#), or theme n *upon behat of which the parson( OP77ONAL Though &A ktopmdoo halowIs ndmqLdvd bytmM Retrypve vakq"to pmom rd" on R1a dmmoerr andooumplvat 6ardierd ronnral and rea�clvnsnt orRia ram ro amtletrdaaamR Description of AUBCW Document Tdle or Type of Domunent PERFORMANCE BOND N0. 088 53 158 Document Date., 6 -19 -06 Nupriberotp TWO (2) Signer(s) Otter Than Named Above: ALL AMERICAN ASPHALT Capat�ty(ies) Claimed by 84ner Signers Name OWEN M. BROWN 0 Individual El Corporate Officer — 0 Partner -0 �IrFact 0 Ttasfee 0 Guardian or Cam er a Ch Top d Num hme TdWs): United 0 General rvator Signer Is Representing; FTDELITY AND DEPOSIT COMPANY OF MARYLAND OwWe PYlr =V wedsblhNe 14P0VVAV 0 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code S3262(d)(4) The undersigned has been paid in full for labor, services, equipment or material furnished ,ZJ,5%�C%rolJ EN6 1N4-F1e,11V — to CoNs7,P&(71-an1 on the job G'rTy oFlyZOA4T /3X4 s nl�TuRQurN �/nH/�GaS�e�T located at 3�irNTua in1 ydiCG Ff SAN /n/ 6l tf L- and does hereby waive and release any right to a mechanic's lien, stop notice or bond right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $Z/306, 37 Dated: 10- -30-04 J & J, Inc. (CompW Name) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. C" (mtd V -T CA"klfe d iw;) � vM w1N POOL YY 0%c Date 1 0 Copies Sent To: O Mayor ❑ COundf Member ❑ Manager IN/0b 0 IA U P. DL a �a INSPECTION ENGINEERING COIL' b =41240..9272 PaXIF6 -:• (949) 66o -8930 CONSTRUCTION, INC. EMaiL IECSn,0,,,.y,t GENERAL COMRACTon LIC. #a19133•A• 2973 Har bur Blvb, #516 Costa Messy CA 92626 C" (mtd V -T CA"klfe d iw;) � vM w1N POOL YY 0%c Date 1 0 Copies Sent To: O Mayor ❑ COundf Member ❑ Manager IN/0b • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 14th day of June 2006, at which time such bids shall be opened and read for Title of Project STPL -5151 (019) Contract No. 3826 $ 980,700 Engineer's Estimate Approved : Badum s Director PLAN HOLDER LIST AVAILABLE ON CITY W EBSITE http://www.ci!y.newport- 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 General "A" Contractor License Classification required for this project For further information, call Andy Tran, Project Engineer at(949)644-3315 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 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 PUBLIC CONTRACT 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 SECTION2-1.01 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 ......................................................... .............................48 CONTRACT................................................................................................ .............................49 LABOR AND MATERIALS PAYMENT BOND .............................................. .............................56 FAITHFUL PERFORMANCE BOND ............................................................ .............................58 FEDERAL REQUIREMENTS .................................................. ............................... FR -1 to FR-14 PROPOSAL........................................................................................... ............................... PR -1 SPECIAL PROVISIONS ........................................................................ ............................... SP -1 4 f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 3. 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: htto:/ /www.auo.aov /davisbacon/ca.htmi 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. -14-- a.tano-7,Z-A ._ ��[a Contractors License o. & Classification MO 0 .. Authorized Signature/Title Robert BradleV,Vi ebidaiti- +, , 0 CRY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND NO. 085 97 423 CONTRACT NO, 3826 BIDDER'S SONG We, the undersigned Principal and Surety, our successors and assigns, executors• heirs and administrators, agree to be jointly and severally held and firmly bound to ft City of Newport Beach, a charter city, In the principal sum of TEN PvTtcy ,T nR TnTAT. RTT) PRTCF. TN DOLLARS Dogana ($ i nc of Rid 1. to be Bard and forfeited to the CRY of Newport Beach If the bid proposal of the undersigned Principal for the construction of JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD, Contract No. 3826 in the City of Newport Beach, is accepted by the City Cow of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the cordon of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award'. otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shag not exonerate the Surety from gs obligations under the Bond. Witness our hands this 12th day of .Tune 2006. ALL AMERICAN ASPHALT Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 Address of Surety SURETY: 818- 409 -2800 AGENT: 714- 935 -1112 • , _ OMEN M. BROWN, ATTORNEY -IN -FACT Print Name and Titre (Notary a#nowledgment of Principal & Surety must be attached) BID DATE: JUNE 14, 2006 Ll ALL- PURPOSE State of California County of Riverside SS. On June 13. 2006 before me, Debbie A. Matsen. Notary Public, Dais Name and Title of Officer Personally appeared Robert Bradley Name(a) of signs*) DEBBIE A MATSEN Comml'm on p 1452589 Nofary Publtc - California Riverside County MyCOmm, Expires Nov22, 2007' OPTIONAL X personally known to me to be the person(e) whose name(?) "re subscribed to the within Instrument and admowledged to me that he/sh$Ahey- executed the same In hislA~ authorized capadty(lee), and that by hIalI;erMwlr- slgnature(is) on the instrument the per000nffi) or, the entity upon behalf of which the person(p) acted, executed the Instrument. WITNESS my hand and official seal, Ad Signature of Notary Public Though the information below is not required by taw, 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: Bidder's Bond. City of Newport Beach Document Date: June 12. 2006 Number of Pages: 1 Signer(#) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Titlefoi Vice President _Partner- _Limited _General _Attomey-in -Fact _Trustee _Guardian or Conservator Other. Signer is Representing: All American Asnhalt Top of thumb here CAUPOINEA ALL49" $No of CaUmda OL cmwof YA�IWi ii 6-12-06 Oa beim m BARBARA J. BENDIR pemonsOy appmed OWSK M.-BROWN aisl pew known 6o me to be the pamon(s) whom nameN lff/qm non!.= subscribed to the wWM kwbVMwd and sdffwwbdpd:lo nis OW tj&Wolh*exwuk3d the saw In hhghmMvdr audiorkeed capac&Aiss) and that by Ma4man* s%pahmeN an #m kmkuff4wd Me person", or ale DPW)tow bed of wMdt ft WB)ARAA BEN= am ommpcm* AMY& A OP170MOIL is ad re~iw Im Rxwpmw lakfiew &Pam" moft au, **duuamV&idcaWpmmsW* dsrrdfaMnrnaaYa'd Mad crabbmb- go dxmmm Desm%dian of AUmhed Document Tft oFTM of Downerk BID BOND Domnm Dim 2 -t2 -n6 Nuffdw of Paoss: Sigrm%) Ovw7han Naw"Abwww AM AXIMMN ASPHALT CqumiW(be) ChOW by SIMM Slow% Nm OV= 21, ❑ bxWkkO m T4P d hm 13 CapombOfter—TdWay 13 Parkier-13 LbOd 0 GmmW 0 ThIdes ❑ GAmdkn or Comeemator 13 Odw. Stpor Is papregsrdhF FIMELM AND DZPOSIT CWANY MARYLAND Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date , dds by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a takings, and the execution of such bonds or undertakings in pursuan 's on said Company, as fully and amply, to all intents and purposes, as if x 6 ged by the regularly elected officers of the Company at its office in B ' ro u power of attorney revokes that issued on behalf of Owen M. BROM6 at ruarvd32(� The said Assistant ti Section 2, of the By-If? IN WITNESS WFi affixed the Corporate December, A.D. 2004. ATTEST: 'Yp OEPpd�i e till '� r 4 m VartW! at the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. 300F, the said Vice - President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9 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 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. �an44q, 6 i rrr f POA -F 012 -4160 Maria A Adamski Notary Public My Commission Expires: July 8, 2007 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 I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any 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 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 12th day of June 1 2006 Assistant Secretary • • EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaldng, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this . 12th day of June 2046 6 Auistant Secretary Company Profile • • Page 1 of 2 Company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER I SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to. Locate the Agent for Service of Process.? Reference Information NAIC #: 39306 NAIC Group #: 0212 California Company ID #: 2479 -4 Date authorized in California: January 01, 1982 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log sue. AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER http: / /interactive. web. insurance .ca.gov /webuser /idb_co_prof utl.get_co_proPp_EID =6217 06/15/2006 Company Profile . • Page 2 of 2 SURETY TEAM AND VEHICLE 15Li]7:ioT;M Colo] 5m Z 61 7lI#0]`►I Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint-Studies Want More? Help Me Find a Company Representative_in My Area Financial Rating Organizations Last Revised -May 30, 2006 11:13 AM Copyright ® California Department of Insurance http: / /interactive. web.. insurance .ca.gov /webuser /idb_co_prof ut1.get_co_prof?p_EID =6217 06/15/2006 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %ot Number Total Bid Name: iA, cApjnw eafo Address: Phone: 'I (LOtO6 -Llb'5 . State License Number. Name: LctP rc�as�e,s Address: q, alhem-\ aS Phone: - 1ILI-1 1v3- State License Number: -1} Name: TX , P P°G "Yo w dtuti Address: i-ifmj Phone: Gjpq -Z25'- 4323 State License Number: Bi der Authorized Sign ture/Title 01 0 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder_ All A",1rjr m ft :h li _ r hereby certifies that he has v' , #as-neP_, 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(11) (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. PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder hae _ , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No V If the answer is yes, explain the circumstances in the following space. 0 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 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Ali Amadegui &FW 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 r6ss' l_nrarf ;rafl4 Project Description S+re%ef Approximate Construction Dates: From i 11 ns To: 1 ,21 Zd ^ f�- Agency Name Ci+/ j24 ii )e>+ 6nvrvia Contact Person 15gm isvf{bMe7_ Telephone (wl.) q�q-674 Original Contract Amount $30ja260FInal Contract Amount $ "1 oll15W.0 0 If final amount is different from original, please explain (change orders, extra work, etc.) - bl)iA. 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. 10 0 0 No. 2 Project Name /Number Celle Zle I 6:erro —�rr�t �eltia�r IitG�inH Project Description Sl-raet Qalnaloi 1; fulLon Approximate Construction Dates: From CJs To: 91 39JOs- Agency Name ,Se4 Contact Person E1FKrem, (LAAA pela Telephone (va -ttgi -ten Original Contract Amount $ 5asyn�. inal Contract Amount $ 52a. g= d /) If final amount is different from original, please explain (change orders, extra work, etc.) WI k, 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 Gajo� 1 )4tWiJ o ire& Project Description Sfr,,*,& Approximate Construction Dates: From Alaln�u To: ajlyin.rL Agency Name CT Contact Person tl,orp iram Telephone 33111 Original Contract Amount Final Contract Amount$ Iii9l;5101.06 If final amount is different from original, please explain (change orders, extra work, etc.) NIA _ . 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. 11 0 9 No. 4 Project Name /Number�Apiq�( Project Description _ Sir-p"4+ Q�r.wstne c� i�rt Approximate Construction Dates: From G MTTo: 4i 10 Agency Name ('tTC2 ore- Contact Person Al.3tA rt u Telephone 014) 1L-14—v6)3 Original Contract Amount $1.3i -I 9inal Contract Amount $ i,�9R.o6 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. 5 Project Name /Number 6uelj4 SFrw+ r A �kvknr 'FR1uA. Project Description S4[s % &4 Approximate Construction Dates: From 52 1124 To: G` 501125 Agency Name C +V 2CAlw Ar 4 Contact Person Whia mar, Telephone OM) 741 —Si RD Original Contract Amount $1,41,1 axi.°DFinal Contract Amount $_ 1,011,2,60Q.00 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. N� 12 No. 6 Project Name /Number S�trra (f�A,r4 rVFr� a+ Zr�rxrnan�rFS Project Description o{-r�f zm="600 s Approximate Construction Dates: From.-111246.4 To: BdaaOW Agency Name° Frl w�vt.vrn Contact Person 64'i 6166nx Telephone (halo Qiu -g,= Original Contract Amount $iXFinal 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. Ago. Attach additional sheets if necessary. Attach to this Bid the experience resume General Construction Superintendent o Contractor. See Afl'acheA Phoe of the person who will be designated as on -site Construction Manager for the 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. RM r E-/,"ITS CIF I/ M MI 13 'Auth itle Rdbrrt �5ra',4I�, V'fc,e Pre6;'J& -W DOUG HARRINGTON P.O. BOX 2229 CORONA, CA 91718.2229 WORK HISTORY ALL AMERICAN ASPHALT, Corona, California Construction Manager (September, 1996 to Present) • Supervise construction activities for general engineering contractor • Manage, Failing, concretk ad paving operations for both public and private wort pmjects Paving Superintendent (1990 to September, 1996) • Managed all-paving operations • Responsible for organizing personnel, equipment and materials for paving proj«ia • Responsible for Project acceptance • Handled customer inquiries and complaints Foreman (1988 to 1990) • Managed daily operations for grading; concrete, paving and public works projects • Responsible for quantity verification and contract changes PARRo T AND Wmim Corona, Califomia Foreman (1983 to 1988 ) • Managed daily operations for grading contractor MUSTRIA'L ASPHALUBUNT MIX, Irwindale, California Operating Engineer. (1977 to 1983) • Responsible for daily maintenance and oparation of various beavy machinery ' ADDITIONAL INFORMATION Attended various educational classes relating to the construction . industry including: Agtec Pointmen Training (Non contact sensor grade, control) Asphalt Technology CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of 9or r ' ) . Rcri��+ Brow I a S1 being first duly sworn, deposes and says that heaF-sEie•is Yice frastTen -► of Ali i m ;r ,n f1 -7vlyl 1 - , the parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a Collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. R [ 11am�l�c1(35a►�o -I 1 Bidder Authorized Signature/Title V� v*gg&It Subscribed and sworn to before me this 13Th day of Zyg 2006. [SEAL] JtL,,4,. O. i7.rsnn., 7 Notary Public My Commission Expires: &v. X?, &mg 14 DEBBIE A. MATSEN QCommission # 1452569 . -,y Notary Public . California A . Riverside County My Comm. Exptre5 Nov22. 2007 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 DESIGNATION OF SURETIES Bidder's name All AmAriAa Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): 111111211111 �.A • 15 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL BiddersName All Gu; . r •�. . 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 Yearof for for for for for Record 2005 2004 2003 2002 2001 Total 2006 No. of contracts I t 155 I 13 if Total dollar Amount of tj�p aq� �\ Contracts (in Thousands of $ ) No. of fatalities No. of lost Workday Cases J0 Gj .0 0 as y No. of lost workday cases involving permanent transfer to another job or �r J� 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 0 0 Legal Business Name of Bidder Ail Am irw Asoho.14- Business Address: Q. (). 'lbax Qa94. Ccr1i �nA ga9n� -aaa9 Business Tel. No.: 1,94 73ia -�4x�� State Contractor's License No. and Classification: Title Y1�4e Qres)am+ 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 1pidder 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 partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a. corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 17 WENT State of California County of Piverside Ss. On ,tune 13.2006 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) IF DEBBIE A. MATSEN Commlulon # 1452589 Notary Public - California Riverside County MV Comm. Expires Nov 22, 2007 OPTIONAL X personally kwon to me _pFeved is we as; the basis ef to be the person(s) whose name($) *Ware subscribed to the within instrument and acknowledged to me that batha/tltey executed the same In kisiherflheir authorized capacitypes), and that by pIshedtheir signature(s) on the instrument the person(s) or, the entity upon behaff of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, 43_,a/u. !3. 717 Signature of Notary Public Though the information below is not required by law, 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: Contractor's Industrial Safety Record. City of Newport Beach Document Date: June 13, 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 SecIrreasurer Partner - Limited _General Attorney -in -Pact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here 0 0 .CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 ACKNOWLEDGEMENT OF ADDENDA Bidders - -ail r 11 s a I • The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 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: L_ q aej04 Business Address:—'Po. >c c aaaa; 6nr-ly . rA cl r!W!a- aaeQ Telephone and Fax Number: LgSr)�3ra -7�, jis,(9�i�'73R- yro ?( California State Contractor's License No. and Class: *taro')o73.. A., a -19 (REQUIRED AT TIME OF AWARD) Original Date Issued:)- Iq -'1) Expiration Date: 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: — g i e &XI'A <; &4ject- l.f1QIAg8ee- 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 lbax�, Taxa sec. r tier- It ti Udt } (� 6zss�le d Yl� &e PreSi�im+ �' 4 2fV% deYri )(iLr pr vui�wn� r� k Corporation organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NlA 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: N 1A Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Nom• Have you ever had a contract terminated by the owner /agency? If so, explain. (U6. Have you ever failed to complete a project? If so, explain. Mn. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /9) Are any claims or actions unresolved or outstanding? Yes /9 20 0 0 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. :.. - (Print name of Owner or President Date Subscribed and sworn to before me this 134h day of JZMe 2006. [SEAL] 21 DEBBIE & fr SEN Commission # 1452589 .e - Notary Public - California Riverside County OwComm. Expires Nov 22, 2007 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. -M-i- 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. 22 • i 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 0 • DISCLOSURE OF LOBBYING ACTIVITIES Type of Federal 2. Status of Federal 3. Report Type: \Nameand Action: t D a. bid/offer /aoolication Fla. initial b. initial award b. material change tive agreement c. post -award For Material Change Only: rantee year quarter_ nce date of last report dress of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ElPrime ❑ Subawardee Tier _ , if known Congressional District, if 6. Federal 8. Federal Action Number, if known: 10. a. Name and Address of Lobby tity \ (If individual, last name, first name, MI) (attach Continuation Congressional District, if known 7. Federal Program Name /Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI) if necessary) 11. Amount of Payment (check all that apply) 13. ype of Payment (check all that apply) $ E] actual planned a. retainer . one -time fee 12. Form of Payment (check all that apply): c commission Ba. cash d. ntingent fee b. in -kind; specify: nature a de rred value f. othe specify 14. Brief Description of Services Performed or to be performed and Dat s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Ind ic at I in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes El No ❑ 16. Information requested through this form is authorized by Tide 31 U.S.C. Section 1352. This disclosure of Signet,5 lobbying reliance was placed by the tier above when his d' '. transaction was made or entered into. This disclosure is Print Name: aQtj� le J required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be Title: V IGP Pf✓S Ic� f available for public inspection. Any person who fails to eo file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than Telephone No.: '7 7 * Date: (n-13 CXa $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 tide 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form Is inadequate. Complete all items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is andfor has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the Information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal reciplent 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 (Rem 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. B. Enter the most appropriate Federal identifying number available for the Federal action identification in Item 1 (e.g.. Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the appliraton /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 influence the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment Is made through an in -kind contribution, specify the nature and value of the in -kind payment. 11 Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officals. Identify the Federal officers) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) Is attached. 16. The certifying official shall sign and date the form, print hislther 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 collecti6n of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL- InsWctions Rev. 06- 04- 90aENDIFn 25 • ! SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 24.01 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 carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each. subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the 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 The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE).— This project is subject to Title 49, Code of Federal Regulations part 26 (49 CFR 26) entitled 'Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." In order to ensure Caltrans achieves its federally mandated statewide overall DBE goal, the Agency encourages the participation of Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with Federal Funds. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. Attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. ; 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; 28 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: 1. The Caltran's "Civil Rights" web site at: http: / /www.dot.ca.govlhq/bep. 2. 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, California 95815, Telephone: (916) 445 -3520; F. When reporting DBE participation, bidders may count the cost of materials or supplies purchased from DBEs as follows: 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: 29 0 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 DBE AVAILABILITY ADVISORY --As required by federal law, Caltrans has established a statewide overall DBE goal. In order to ascertain whether that statewide overall DBE goal is being achieved, Caltrans is tracking DBE participation on all Federal -aid contracts administered by cities /counties and other local agencies. The Agency has not established a DBE Availability Advisory for this project. Bidders who obtain DBE participation on this project will assist the state in meeting its statewide overall DBE goal. 30 0 FEDERAL MINIMUM WAGE RATES GENERAL DECISION: CA20030O35 04/14/2006 CA35 Date: April 14, 2006 General Decision Number: CA20030035 04/14/2006 Superseded General Decision Number: CA020035 State: California Construction Types: Building, Heavy (Heavy, and Dredging) and Highway County: Orange 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 ASBE0005 -002 08/01/2005 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 Rates Asbestos Workers /Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ... $ 34.91 ---------------------------------------- ASBE0005 -004 08/01/2005 Asbestos Removal worker /hazardous material handler (Includes Rates 31 Fringes 10.24 Fringes • 0 preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)..$ 19.20 6.38 ---------------------------------------------------------------- BRCA0004 -010 05/01/2005 Rates Fringes Bricklayer; Marble Setter ...... $ 30.46 8.40 ---------------------------------------------------------------- BRCA0018 -007 09/01/2005 . Rates Fringes Marble Finisher ................$ 21.52 6.65 Tile Finisher ..................$ 17.82 6.00 Tile Layer .....................$ ---------------------------------------------------------------- 28.30 10.47 BRCA0018 -010 11/01/2005 (2) Millwright ..............$ 32.21 Rates Fringes Terrazzo Finisher .............. $ 23.59 7.99 Terrazzo Worker .....:..........$ 30.63 8.46 ---------------------------------------------------------------- CARP0409 -001 07/01/2005 Rates Fringes Carpenters: (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 31.71 8.47 (2) Millwright ..............$ 32.21 8.47 (3) Piledriver /Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler - (Commercial) ................$ 31.84 8.47 (4) Pneumatic Nailer, Power Stapler ...............$ 31.96 8.47 (5) Sawfiler ...............$ 31.79 8.47 (6) Scaffold Builder ....... $ 25.01 8.47 (7) Table Power Saw Operator ....................$ 31.81 8.47 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 - $1.00 per hour premium. ---------------------------------------------------------------- CARP0409 -005 07/01/2005 Rates Fringes 32 Drywall INSTALLERS ..................$ 31.71 8.47 STOCKER/SCRAPPER ............ $ 10.00 5.96 ----------------------------------------------------------- * ELEC0011 -002 12/01/2005 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 24.03 3%+7.40 Technician ..................$ 26.23 3% +7.40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and /or transference of voice, sound, vision and digital for commercial, educational, security and entertainment-purposes for the following: TV monitoring and surveillance, background- foreground music, intercom and telephone interconnect, inventory control. systems, microwave transmission, multi- media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. 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. ELEC0440 -001 06/03/2003 ZONE PAY: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $8.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south beginning at Little Morongo Canyon (San Bernardino /Riverside County Line), Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash the South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside /Imperial County Line. ELEC1245 -001 06/01/2005 Rates Fringes Line Construction (1) Lineman; Cable splicer..$ 36.51 3.75% +10.03 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, 33 Rates Fringes Cable splicer ..................$ 30.63 38 +9.76 Electrician .................... $ 30.13 3% +9.76 ZONE PAY: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $8.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south beginning at Little Morongo Canyon (San Bernardino /Riverside County Line), Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash the South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside /Imperial County Line. ELEC1245 -001 06/01/2005 Rates Fringes Line Construction (1) Lineman; Cable splicer..$ 36.51 3.75% +10.03 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, 33 • • trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) ...................$ 31.03 (3) Groundman ...............$ 23.73 (4) Powderman ...............$ 34.69 ELEV0018 -001 01/01/2005 Rates Elevator Mechanic ..............$ 38.215 FOOTNOTE: Vacation Pay: 88 with 5 or more years of months to 5 years service. Paid Holidays: Memorial Day, Independence.Day, Labor Day, and Friday after, and Christmas Day. -------------------------------------------- * ENGI0012 -003 07/01/2005 Rates Power Equipment Operators (Cranes, Piledriving 6 Hoisting) GROUP 1 ....................$ 31.45 GROUP 2 ....................$ 32.23 GROUP 3 ....................$ 32.52 GROUP 4 ....................$ 32.66 GROUP 5 ....................$ 32.88 GROUP 6 ....................$ 32.99 GROUP 7 ....................$ 33.11 GROUP 8 ....................$ 33.28 GROUP 9 ...:................$ 33.45 GROUP 10 ....................$ 34.45 GROUP 11 ....................$ 35.45 GROUP 12 ....................$ 36.45 GROUP 13 ....................$ 37.45 Power Equipment Operators (Tunnel Work) GROUP 1.....................$ 32.73 GROUP 2 ....................$ 33.02 GROUP 3 ....................$ 33.16 GROUP 4 ....................$ 33.38 GROUP 5 ....................:$ 33.49 GROUP 6 ....................$ 33.61 GROUP 7 ....................$ 33.91 Power Equipment Operators GROUP 1 ....................$ 30.10 GROUP 2 ...................:$30.88 GROUP 3 .....................$ 31.17 GROUP 4 ....................$ 32.66 GROUP 5 ....................$ 33.76 GROUP 6 ....................$ 32.88 GROUP 7 ....................$ 33.98 GROUP 8 ....................$ 32.99 GROUP 9 ....................$ 34.09 GROUP 10 ....................$ 33.11 GROUP 11 ....................$ 34.21 GROUP 12 ....................$ 33.28 GROUP 13 ....................$ 33.38 GROUP 14 ....................$ 33.41 GROUP 15 ....................$ 33.49 GROUP 16 ....................$ 33.61 34 3.758 +9.25 3.758 +9.25 3.758 +9.29 Fringes 12.015 service,. 68 for 6 New Years Day, Thanksgiving Day Fringes 14:95' 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14-.95 . 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 14.95 r GROUP 17 ....................$ 33.78 14.95 GROUP 18 ....................$ 33.88 _ 14.95 GROUP 19 ....................$ 33.99 14.95 GROUP 20 ....................$ 34.11 14.95 GROUP 21 ....................$ 34.28 14.95 GROUP 22....................$ 34.38 14.95 GROUP 23 ....................$ 34.49 14.95 GROUP 24 ....................$ 34.61 14.95 GROUP 25 ....................$ 34.78 14.95 FOOTNOTES: PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, and Vandenburg AFB. Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.. . POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator- inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt - rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt- rubber blend operator; Bobcat or similar type (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- hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power- driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw /Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck /Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete 35 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, 8DO auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator'; Kalamazoo balliste regulator or similar type.; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator ( Athey; Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber - tired' earth- moving'equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self- loading paddle wheel type -John Deere, 1040 and similar single unit); Self - propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1 -1/2 yds. up to and including 6 -1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar- bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bending machine operator; T 0 9 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 than 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi- engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar . and similar type, over 50 cu. yds. struck); Rubber - tired self- loading scraper operator (paddle- wheel -auger type self - loading - two (2) or more units) GROUP 13: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional);.' Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 37 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 24: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) 38 CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1i 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 B: 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 5.0 tons up to and including 100 tons mrc), Mobile tower 'crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge 39 • i operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); .Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power - driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit.sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber - tired, rail or track type); Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator --------------------------------------------- ENG10012-004 08/01/2005 Rates Power equipment operators: (DREDGING) (1) Leverman .................$ 38.10 (2) Dredge dozer ............ $ 33.63 (3) Deckmate ................$ 33.52 (4) Winch operator (stern winch on dredge) ............ $ 32.97 (5) Fireman- Oiler, Deckhand, Bargeman, Leveehand ...................$ 32.43 (6) Barge Mate ..............$ ------------------------------------------ 33.04 IRON0002-004 07/01/2005 Rates Ironworkers: Fence Erector ...............$ 31.16 Ornamental, Reinforcing and Structural ..............$ 32.06 PREMIUM PAY: Fringes 14.95 14.95 14.95 14.95 14.95 14.95 Fringes 15.285 15.285 $3.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve - Niland, ELI 0 • Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center - Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $2.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $1.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00300 -003 07/0.1/2005 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt- rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of sheet bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad 41 Rates Fringes Laborer: Gunite GROUP 1 .....................$ 23.69 16.36 GROUP 2 .....................$ 22.74 16.36 GROUP 3 .....................$ 19.20 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 .....................$ 21.24 12.89 GROUP 2 .....................$ 21.79 12.89 GROUP 3 .....................$ 22.34 12.89 GROUP 4 .....................$ 23.89 12.89 GROUP 5 .....................$ 24.24 12.89 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 sheet bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad 41 0 • construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete," the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction;.Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person = asphalt; Laborer, packing rod. steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydra 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, Barka, 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, sharer, 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 42 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 1. TUNNEL.LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and .spreader; Dump person; Dump person (outside); Swamper (brake.person and switch person.on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.'); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other.pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and /or grouting machines; Powder person (primer house); Primer person; 'Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS - GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person -------- -- ------- --- - - - --- .. * LABO0882 -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. LABO1184 -001 07/01/2005 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 22.14 8.36 (2) Vehicle Operator /Hauler.$ 22.31 8.36 (3) Horizontal Directional 43 0 Drill Operator ..............$ (4) Electronic Tracking Locator .....................5 Laborers: (STRIPING /SLURRY SEAL) GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ GROUP 4 .....................$ LABORERS - STRIPING CLASSIFICATIONS 24.16 8.36 26.16 8.36 22.67 11.19 23.97 11.19 25.98 11.19 27.72 11.19 GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives,. guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment - ---------------------------------------------------------------- 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 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 44 ----------------------------------------------- PAIN0036 -015 06/01/2005 Rates Glazier ........................$ 31.20 FOOTNOTE: Additional $1.25 per hour for work from the third (3rd) floor and up Additional hour for work on the outside of the building state or any suspended contrivance, from the ----------------------------------------------- PAIN1247 -002 02/01/2006 Fringes 11.92 in a condo, $1.25 per from a swing bound up Rates Fringes Soft Floor Layer ................$ 28.40 5.94 ------------------------------------------------------------- PLAS0200 -009 01/01/2005 Rates Fringes Plasterer ............:......:..$ 2.8.29 7.46 ---------------------------------------------------------------- PLAS0500 -002 07/01/2005 Rates Fringes Cement Mason..... ..............$ 25.00 15.33 PLUM0016- 001.07/01/2005 Rates Fringes Plumber /Pipefitter (1) Work on strip malls, light commercial, tenant improvement and remodel work ........................$ 24.19 10.44 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 30.32 12.06 (3) All other work .......... $ 31.36 12.63 ---------------------------------------------------------------- PLUM0250 -002 01/02/2006 Rates Fringes Refrigeration Mechanic Refrigeration Fitter ........ $ 33.30 13.95 PLUM0345 -001 07/01/2005 Rates Fringes Plumbers Landscape /Irrigation Fitter.$ 23.98 11.85 Sewer & Storm Drain Work:...$ 21.06 12.21 ----------------------------------------------------------- ROOF0036 -002 09/01/2005 Rates Fringes 45 i Roofer (including Built Up, Composition and Single Ply) .... $ 27.75 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 09/01/2005 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes Sprinkler Fitter, Fire ......... $ 33.08 15.45 ---------------------------------------------------------------- SHEE0105 -003 02/01/2006 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 Sheet metal worker (1) Commercial - New Construction and Remodel work ........................$ (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding architectural sheet metal - work, excluding A -C, heating, ventilating systems for human comfort ... $ ---------------------------------- TEAM0011 -002 07/01/2005 Truck drivers: GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP 1 ....................$ 2 ....................$ 3 ....................$ 4 ....................$ 5 .......:............$ 6 ....................$ 7 ....................$ 8 ....................$ 9 ....................$ Rates Fringes 32.87 14.13 29.10 18.29 Rates Fringes 23.54 14.64 23.69 14.64 23.82 14.64 24.01 14.64 23.95 14.64 24.07 14.64 24.32 14.64 24.57 14.64 24.77 14.64 46 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 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)). --------------------------------- ---- ---- -- ------------- --- - - - -- 47 0 0 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 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 48 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 CONTRACT THIS AGREEMENT, entered into this _ day of , 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: JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD This project involves grinding of existing pavement and overlaying with minimum 1 -inch AC leveling course and minimum 2 -inch ARHM surface course along Jamboree Road from San Joaquin Hills Road to Ford Road. Concrete curb and gutters, sidewalk, driveway approaches, and curb ramps will also be replaced. Contract No. 3826 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. 3826, 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. 49 i • C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Sixty -One Thousand, Sixty - One and 001100 Dollars ($1,061,061.00). 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: Andy Tran (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 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 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. 50 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 Scooe of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 51 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy.,required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 52 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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 Contractors 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. 53 • 9 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: A e�'� C. ff "'—� Aaron C. Harp Assistant City Attorney 54 CITY OF NEWPORT A Municipal Corporati ALL AMERICAN ASPHALT By: (Corporate Officer) Title: Vier Pregid Print Name: Z90er+ E,mdiq (Financial Officer) Title: �rt.�trerig�r�?✓ Print Name: -th( tic, - rnscyy CALIFORNIA State of Calftmis County of RkwWe as. • .. L. {t �t,ti • _.. e,: a ,,u .= l \ 4 -'.l i►i' . DEBBIE A. MATSEN 01,My Commission # 1452589 Notary Public - California Riverside County Comm. Expires Nov 22, 2007 OPTIONAL X perwrody knovsi to me to be the peaon(s) aft" nome(s) {pare sebwftW to Ye vMWA inebut wd ant admowkxWd to me that ANahWfty exwAed the awns ln44slfis~ auWarlmd MW), and that by k Msr/MWr sipreiute(s) on 1M b sburyieM the person(s) or, to entity upon b~ of 0" tie persons) ached, "wWad the ImbutnwilL WITNESS trey hand MW cfkW seal, rMe or Type of Document: Con"a City of Nmvwd agaM Document Date: June 20, 2006 Number of P&OMLA 00w Than Named Above: NO*. = �' • .all r.a:•55,7 � :•J =. Top of tlsmfb hero Local Assistance Procedures Manual EXMBIT 12 -E PS&E Checklist Instructions Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL. —The work herein proposed will be financed in whole or in part with Federal fimds, and therefore all of the statutes, mles and regulations promulgated by the Federal Gov- ernment and applicable to work Financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA;' such references shall be construed to mean "Engineer" as defined in Section 1 -1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT. —In ad- dition to the provisions in Section E, "Nondiscrimination," and Section VU, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following. The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON - COLLUSION PROVISION. —The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a swore statement executed by, or on behalf of the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firny association, or corporation bas not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A fort to make the non - collusion affidavit statement required by Section 112 as a certification under gmalty of perjury rather than as a swum statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS EN- TERPRISES IN SUBCONTRACTING. —Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B— Information for Determining Joint Venture Eli- gibility FR -I (This form need not be filled in if all joint venture finis are DEE owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the.fir s which comprise the joint venture. (The DEE partner must complete Schedule A.) a. Describe the role of die DBE firth in the joint venture. b. Describe very briefly the experience and business qualifications of each non -DBE joint venturer: S. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement 7. What is the claimed percentage of DBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6) RrAmd r-95 06-07-95 Page 12-65 LPP Ol -04 March 15, 2001 a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel _ 4. Purchasing of major items or supplies c. Supervision of field operations Note. —If, after filing this Schedule E and before the comple- tion of the joint venture's work on the contract covered by this anon, there is any significant change in the information su mitted, the joint venture must inform the 4rantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The understgned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended paricipation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee currant, complete and accurate information regarding ac: teal joint venture work and the payment therefor and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for tenanting any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Revised 3-95 O8 -0] -95 REW Title Title ...................................................................... ............................... Date Date State of County of On this day of 19 _, before me appeared (Name) to me personally known, who, being duly swom, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of fine) to execute the affidavit and did so as his or her free act and deed. Notary Public Comitission expires [Seal] Date _ State of County of On this _ day of . 19 —, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed Notary Public Commission expires [Seal] Page 12-66 March 15, 2001 LPP 01-04 EXHIBIT 12-E Local Assistance Procedures Manual Attachment A PS &E Checklist Instructions a Profit and loss sharing. ...................................................................... ............................... b. Capital Contributions, including equipment. Name of Firm Nam of Firm C. Other applicable ownership interests. 9. Control of and participation in this contract Identify by ...................................................................... ............................... Signature Signature name, race, sex, and "firm" those individuals (and their titles) who are responsible for day -to -day management and policy decision making., including, but not limited to, those with ........................................................ ...... ............................ I......... Name Name prince responsibility for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel _ 4. Purchasing of major items or supplies c. Supervision of field operations Note. —If, after filing this Schedule E and before the comple- tion of the joint venture's work on the contract covered by this anon, there is any significant change in the information su mitted, the joint venture must inform the 4rantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The understgned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended paricipation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee currant, complete and accurate information regarding ac: teal joint venture work and the payment therefor and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for tenanting any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Revised 3-95 O8 -0] -95 REW Title Title ...................................................................... ............................... Date Date State of County of On this day of 19 _, before me appeared (Name) to me personally known, who, being duly swom, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of fine) to execute the affidavit and did so as his or her free act and deed. Notary Public Comitission expires [Seal] Date _ State of County of On this _ day of . 19 —, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed Notary Public Commission expires [Seal] Page 12-66 March 15, 2001 LPP 01-04 • • 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 1. General ........................................ ............................... 3 11. Nondiscrimination .... ................ ................................. 3 III Nonsegregated Facilities ............. ............................... 5 N. Payment of Predetermined Minimum Wage .............. 6 V. Statements and Payrolls .............. ............................... 8 VI. Record of Materials, Supplies, and Labor .................. 9 VE. Subletting or Assigning the Contract ._ ....................- 9 VIII. Safety. Accident Prevention ....... ............................... 10 IX. False Statements Concerning Highway Project.......... 10 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ................... ............................... 10 XL Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ...................... It XH. Certification Regarding Use of Contract Funds for Lobbying..................................... ............................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the _contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quim their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs I and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOI, or the contractor's employees or their representatives. FR -3 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRINIINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CPR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60.4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CPR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of his/her activities under the con- tract b. The contractor will accept as his operating policy the following statement "71 is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include.- employment, upgrading, demotion, or transfer; recruitment or reeruittnent ad- vertising: layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on -rhe -job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Page 12-67 LPP 01 -04 March 15, 2001 0 EXMIT 17-E Local Assistance Procedures Manual Attachment B PS&E Checklist Instructions administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be re- viewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All persomiel who are engaged indirect recmitment For the Project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e.7be contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: 'An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority growps in the area from which the project work force would normally be derived. a The contractor will, unless precluded by a valid harms agreement, conduct systematic and direct recruitrnein tlmrou i public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with snob identified sources procedures whereby minority group applicants nay be referred to the contractor for employment consideration. b. In the event the contractor has a valid bar . in.ng agreement providing for exclusive hiring hall referrals, V is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to Form 1273 — Revised 3-95 09-07 -95 Form 1273 — Revised 3.95 0&07-95 refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits small be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: FR-4 a The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action If the review indicates that the discrimination may extend beyond the actions reviewed, such collective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Uppoon completion of each investigation, the contractor will ivfbnn every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall nuke full use of training programs, i.e., apprenticeship, and on- the -job training programs for the ge- ographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training 1s provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance re- quirements for each. d. The contractor will periodically review the training and promotion potential of minority group end women employees and will encourage eligible employees to apply for such training and promotion. Page 12 -68 March 15, 2001 LPP 01 -04 • Local Assistance Procedures Manual PS&E Checklist Instructions 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect refeffals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membershipp in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to famish such information to the contractor, the contractor shall so certify to the SHA and shall act forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referraF prao- rice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these ss H provisions, such contractor shall immediately notify the S. Selection of Subcontractors, Procaremeut of Materials and Leasing of Equipment: The contractor shall not discriminate an the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CPA 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among thew employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such EXIIIBIT 12 -E Attachment B records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- portunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currency engaged in each work classification required by the contract work. This information is to be reported an Fort FHWA -1391. If on- the -job training is being required by special provision, the contractor will be required to collect and report training data III NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) am a By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supplyy agreement or purchase order, as appropriate, the bidder, Federal - aid construction contractor, subcontractor, material supplier, or vendor, w appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the fan does not permit its employees to perform their services at any location, under its control, where sergated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color, religion, national origin, age or disability, because of babit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). From 1273 — Revised 3.95 0a -07-95 Page 12-69 LPP 01 -04 March 15, 2001 • • EXHIBIT 12 -E Local Assistance Procedures Manual Attachment B PS &E Checklist instructions c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less dim those contained in the wage determination of the Secretary of labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) gall be posted at all hires by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 36, hereof Also, far the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (bra not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage deter- mination for the classification of work actually without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more chart one classification may be compensated at the rate specified for each classification for the time actually worked therem, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and S are herein incorporated by reference in this contract. For, 1273 — Revised 3 -95 0907-95 FR-6 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c, if the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d.In the event the contractor or subcontractors, as appro- prince, the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, mcluding the views of all intareeted patties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where amci ) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit Page 12-70 March 15, 2001 LPP 01 -04 ! • Local Assistance Procedures Manual EXIHBIT 12 -E PS&E Checklist Instructions Attachment B as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. OOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/har fust 90 days of probationary employment as an apprentice fn such an apprenticeship program, who is not individually registered in the pro �rarri, but who has been certified by e Bureau of Appreahcesbip and Training or a State apprenricedaip agetxy (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprenfice's level of pro gress, expressed as a percentage of time journeyman. level hourly rate specified in the aapppplicable wage determination. Apprentices shall be paid fiingo benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with tlmt determination. FR -7 (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 24 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to jou neynim -level employees on the job site shall act be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed m the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage detemmnation for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio pcat¢tted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for hislher level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage detcmiination. Trainers shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee pro does not mention fringe benefits, trainers shall be paid the full amount of fringe benefas listed on the wage IN unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyamn -level wage rate on the wage determination which provides for less tltan full fringe benefits for apprentices, in which case such trainees shall re- ceive the some fringe benefits w apprentices. (4) In the event the Emplo eat and Training Adminis- tration withdraws approval o7a training program, the con- tractor or subcontractor will no longer be permitted to utilize trainees at lass than the applicable predetermined rate for the work performed until an acceptable program is approved c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or a approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helpper under an approved definition, shall be paid not less than time applicable wage rate on the wage determination for the classification of work actually performed. Form 1273— Rev'nN 3-95 0607.96 Page 12 -71 LPP 01-04 March 15, 2001 0 EXHIBIT 12 -E Local Assistance Procedures Manual Attachment B PS&E Checklist Instructions 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promnting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the term of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the acomed payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer rimy, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described ht paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is employed on such work to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one- and - one -half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek & Violation: Liability for Unpaid Wages; Liquidated Damages: in the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition, such contractor and subcontractor shall be liable to the United Stases (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or ward employed in violation of the clause set forth in p h 7, in the sum of $10 for each calendar day on which such empJoyce was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. Fonn 1173— Revised 3-95 Oa -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 withbeld, 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 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,0(HI and to all related subamtracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland geguletions of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: SR-8 a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of .3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shag contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Sea tion IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated io providiugx efts under a plan or program described in Section 1 2 of the Davis Bacon Aet, the contractor and each subcontractor shall maintain records which show that the corrunitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. Page 12 -72 March 15, 2001 LPP 01 -04 Local Assistance Procedures Manual EXHIBIT I2-E ME Checklist Instructions Attachment B c. Each contractor and subcontractor shall furnish, each week in which my contract work is performed, to the SHA resident engineer a payroll of wages paid each of its em toyer (including apprentices, trainees, and helpers, described in Section TV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005- 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402. 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 pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) thin the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been the full weeldy wages earned, without rebate, either irectly m indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other then pemuissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under IS U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall nudge the records re- quired under paragraph 2b of this Section V available for in- spection, copying, or transcription by authorized representatives of the SHA, the F1dWA, or the DOI, and shall permit such representatives to interview employees du" working hours on the job. If the con6actor m subcontractor fails to submit the re- quired records or to [Hake them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be ne essary to cause the suspension of any feather 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. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a Become Familiar with the list of specific materials and supplies contained in Form FHWA -07, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prim to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the units shown on Form FHWA -47. a Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph lb relative to materials and supplies, a feud labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's' option, either a single report covering all contract work of separate reports for the contractor and for each subcontract shall be submitted. VIL SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shell perform with its own organization contract work amounting to not less then 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by die contractor's own organization (23 CPR 635). FR -9 a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowlodge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on die contract as a whole and in general are to be limited to minor components of the overall contract Poem 1273— Reviud I.95 08.07.95 Page 12-73 LPP 01 -04 March 15, 2001 EXH Mrr 12-E Attachment B 2. The contract amount upon which the requirements set forth in paragraph I of Section VII is computed includes the cod of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall famish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII- SAFETY: ACCIDENT PREVENTION 1. In the palmni cb of this counted the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may detemmw, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to histher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the SeQetary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR. 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract perfienu rice to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). LL FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformit with approved plans and specifications and a high degree of reliability on statencents and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway pro acts, it is essential that all persons concerned with the prged pert' m their Rinetions as carefully, thoroughly, and hhonestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- Faa 1273 — Revised 3-95 O8 -07-95 • Local Assistance Procedures Manual PS&E Checklist Instructions garding the seriousness of these and similar acts, the following notice shall be postal on each Federal-aid highway Project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERA4AID HIGHWAY PROJECTS IS U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, ar false reporr as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secrerary of Transportation; or Whoever knowingly makes any false statement, false mpre- sem ation, false report or false claim with respect tot character, lCity, quantity, or cost of any work performed or to be per - rmed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to matertal fact in any statement{ cernllcate, m report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Slat. 355), as amended and mp- plemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $ 100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Fedora{ -aid construction contractor, or subcontractor, as appropriate, will be deenced to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contact, unless such contract is exempt under the Clean Au Act, as amended (42 U.S.C. 1857 at seq., as amended by Pub. L 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L 92 -500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, an the U.S. Environmental Protection Agency (EPA) last of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized FR -10 Page 12-74 March 15, 2001 LPP 01-04 0 0 Local Assistance Procedures Manual EXHIBIT 12-E PS &E Checklist Instructions Attachment B for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transact ion. The prospective participant shall submit an ex lanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to finish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroueous by reason of changed circumstances. e. The terms "covered transaction," "debarred" "suspended;' "ineligible," "lower tier covered transaction," 'participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. FR -1I g. The prospective primary participant father agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant mary decide the method and frequency by which it determines the e - igibtlity of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nouproeumnicat Programs" (Nonprocuremeot List) which is compiled by the General Services Administration. L Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to tender in good faith the certification requited by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from parnctpahon in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency may terminate this transaction for cause or default. r.w.a. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions 1. The prospective pun." participant certifies to the best of its knowledge and belies; that it and its principals: a Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, b. Have not within a 3 -}rear period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, nralmng false statements, or receiving stolen property; c. Are not presently indicted for or otherwise ct anally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph t b of this certification; and Fan 1273 — Revtud 3 -95 08-07 -95 Page 12 -75 LPP 01 -04 March 15, 2001 EXMIT 12-E Local Assistance Procedures Manual Attachment B PS&E Checklist Iustrnefions d. Have not within a 3 -year period preceding this ap- plicationlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. 1 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective o participant shall attach an explanation to this 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of 525,000 or more - 49 CFR 29) a By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered bro. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Crovemment, the department or agency with which this transaction ong nated may pursue available remedies, including suspension anNor debarment c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any fire the prospective lower tier participant leams that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred" "suspended," "ineligible" "prbnary covered transaction," "participant," "person," "principal," " proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of mles implementing Executive Order 12549. You may contact the Person in which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause fitted "Certification Regarding Debarment, Suspension, Inetigibilit� and Voluntary Exclusion -Lower Tier Covered Transaction,' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. S. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier 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 Fa,n 12'73 — Revlmd3.95 0"70$ required to, check the Nouprocurement List h. Nothing contained in the foregoing shall be construed to require establishment of a system oftecords in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. R }t }} Certification Regarding Debarment, Suspension, Ineligibility and Volunhu Exclasimr -Lower Tier Covered Transallons 1. The prospective lower tier parherpant certifies, by submission of this proposal, that neither it nor its principals is pros: tly debarred, proposed for debarment, declared ineligible, or vo ummly excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in &a certification, such prospective participant shall attach an explanation to this proposal. ♦MR1t! RU. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CPR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the beat of his or her knowledge and belieg that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or loyee 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 contact, the nuking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement b. If any funds other than Federal appropriated funds have been paid or will be aid 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 com eenon with this Federal contract, FR -12 Page 12 -76 March 15, 2001 LPP 01 -04 0 Local Assistance Procedures Manual EXIE[RIT 12-E PS&E Checklist Instructions Attachment B grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en- tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than 5100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FEDERAI,AID FEMALE AND ME40RM GOALS Contract Provisions Federal -aid Construction the following are the goals for female utilization: Goal for Women (applies nationwide ) ..............(percent) 6.9 The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA 174 Redding, CA: Non -SMSA Counties .... ............................... CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 175 Eureka, CA: Non-SMSA Counties .... ............................... CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco - Oakland -San Jose, CA: SMSA Counties: 7120 Salinas-Seaside- Monterey, CA ............ ............................... CA Monterey. 7360 San Francisco - Oakland, C&.,. CA Alameda; CA Contra Costa; CA Maria; CA San Francisco; CA San Mateo. 7400 San Jose, CA.... .......... .............. CA Santa Clam. 7485 Santa CrU7, CA ..... ............................... CA SaataCn¢. 7500 Santa Rosa, CA ..... ............................... CA Sonoma 8720 Vallejo - Fairfield -Napa, CA... .......... CA Napa; CA Solana Non -SMSA Counties .................. CA Lake; CA Mendocino; CA San Benito. Goal (Percent) SMSA Counties: 6920 Sacramento, CA ............... CA Placer; CA Sacramento; CA Yolo. Non -SMSA Counties. CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Siena; CA Sutter, CA Yuba 178 Stockton- Modesto, CA: SMSA Counties: 6.8 5170 Modesto, CA ........ ............................... CA Stanislaus. 8120 Stockton, CA ........ ............................... CA San Joaquin- Non-SMSA Counties ......... ............................... CA Alpine; CA Amador; 6.6 CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Freno- Bakersfield, CA: SMSA Counties PR -13 16.1 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 F= 1273 — Rerisrd 3.95 08-07-95 Page 12 -77 LPP 01 -04 March 15, 2001 0680 Bakersfield, CA ................... CA Kcm, 28.9 2840 Fresno, CA .......................... CA Fresuo. 25.6 Non-SMSA Counties ........................ CA Kings; CA Madera; CA Tulare. 19.6 180 Lus Angeles, CA: SMSA Counties: 14.9 0360 Anaheim-Santa Ana -Garden 9.1 Grove, CA .. ............................... CA Orange. 4480 Los Angeles -Long 17.1 Beach, CA .. ............................... CA Los Angeles. 6000 Oxnard -Sind Valley - 23.2 Ventura, CA .............................. CA Ventura PR -13 16.1 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 F= 1273 — Rerisrd 3.95 08-07-95 Page 12 -77 LPP 01 -04 March 15, 2001 EXMIT 12-E • Local Assistance Procedures Manual Attachment B PS &E Checklist Instructions 6780 Riverside -San Bernardino - Ontario, CA, . ............................................ 19.0 CA Riverside; CA San Bernardino. 7480 Santa Barbara -Santa Maria - Lompoc, CA .............. ............................... 19.7 CA Santa Barbara Non -SMSA Counties ............. ........................... 24.6 CA Inyo; CA Mono; CA San Luis Obispo. 181 San Diego, CA: SMSA Counties 7320 San Diego, CA .... ............................... 16.9 CA San Diego. Non -SMSA Counties ......... ............................... 18.2 CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of S 10,000 or more, shall submit for every month of July during which worts is performed, employment data as contained under Form FH WA PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Fan 1273 — Raised 3-95 08-07 -% FR -14 Page 12 -78 March 15, 2001 LPP 01 -04 rpoDFS•ae7s 0 AI 1 AMIM019 ACORD- CERTIFICATE OF LIABILITY INSURANCE o20,1;e"YYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CaICO Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE and Agents, Inc. One City Blvd W, #700 - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. A X Orange, CA 92868 INSURERS AFFORDING COVERAGE NAIC # INSURED All American Asphalt PO Box 2 Corona, CA A 92878 -2229 INSURER A: Arch Specialty Insurance Co. 81000000 INSURER B: Great American Ins.Co (OH) $100000 INSURER C: Seabright Insurance Co $ INSURER D: Hartford Fire Insurance Co. $1.000.000 INSURER E: GENERAL AGGREGATE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMM POLICY EXPIRATION DATE MMIDD LIMITS A X GENERAL UABIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OOCCUR GPPOOD872900 Cart. Holder is named additional insured if required by Written contract 08/01105 08101106 EACH OCCURRENCE 81000000 DAMAGE7O RENTED $100000 MEDEXP(".nape ) $ PERSONAL BADV INJURY $1.000.000 GENERAL AGGREGATE $2,000,000 OENL AGGREGATE LIMIT APPLIES PER POLICY 7 JEg LOD PRODUCTS - COMPRIP AGO 82800000 D AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULEDAVTOS HIRED AUTOS NoNowNED AUTOS 72UENGK5491K2 Cart Holder is named additional insured if required by Written Contract 06/01/05 06/01106 COMBINED SINGLE LIMIT (Es �d.t) 81,000,000 X BOOLYINJURY (Perpemn) $ X BODILY INJURY {Per ao nt) 3 X PROPERTY DAMAGE (Pere .I) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTOONLY: AGO $ S B EXCEBBRIMBRELLAUAIOLITY OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $10000 TUES950076 08/01/05 06/01/06 EACHOCCLNLRENCE 310000000 AGGREGATE $10,000,000 S S S C WORKERS COMPENSATION AND EMPLOYERIETOWIUTY ANYCERMEETORIPARTNDED? CUTNE EIV It M.da. MBER EXCLGDEDT SPECIAL PROVISIONS W. BB1050243 081`01105 08/01106 X WCSTATU- 0TH. E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE -EA EMPLOYEE $1,000,000 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: Jamboree Road Rehabilitation from San Joaquin Hills Road to Ford Road, Contract No. 3826 - `2axp /wcw* City of Newport Beach Dept. of Public Works 3300 Newport Blvd. Newport Beach, CA 92663 ACORD 25 (2001108) 1 of 2 #S77211M11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSU RER WILL XMX)OKRR"MAIL _3O_ DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LFFT,Xx11a3pdNL�PippOQ9tlpJL31 AUTHORIZED 0 0 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. ACORD 25S (2001108) 2 of 2 RR77211M11 • 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 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. The City of Newport Beach, its officers, agents, officials, employees, and volunteers Project: Jamboree Road Rehabilitation from San Joaquin Hills Road to Ford Road, Contract No. 3826 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: GPPOOO8729 -00 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/05 00 CGL0006 00 02 04 c:%My DocsWLUEndtdoc 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. 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: GPP0008729 -00 Named Insured: All American Asphalt Endorsement Effective Date: 871105 00 CGL0130 00 0104 Page 1 of 1 POLICY NUMBER: 72UENGK5491 K2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED PERSON(S) OR ORGANIZATION(S) AS INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective g /Ol /OS 77 u-wr Named Insured Countersigned by All American Asnhalt I Kathv Looez (Authorized Representative) Named Person(s) or Organlzation(s): The City of Newport Beach, its officers, agents, officials, employees, and volunteers Project: Jamboree Road Rehabilitation from San Joaquin Hills Road to Ford Road, Contract No. 3826 (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization named above is an "Insured" for LIABILITY COVERAGE, but only to the extent that person or organization qualifies as an 'Insured" under the WHO IS AN INSURED provision of SECTION II LIABILITY COVERAGE. It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss, liability arising directly or indirectly from the insureds operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. Forth HA 99 02 0187 Printed in U.S.A. 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 The City of Newport Beach, its officers, agents, officials, Jamboree Road Rehabilitation from San Joaquin Hills employees, and volunteers Road to Ford Road, Contract No. 3826 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 8/1105 Policy No. BB1050243 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 8/1/06 Insurance Company SeaBright Insurance Company Countersigned By WC 04 D3 06 (Ed. 4 -84) 01998 by the Workers' Compensation insurance Rating Bureuu of Calitorola. All rlgMS reserved. JUN -29- 2006 08:04 FROM: T0:819496443318 P.1'1 Fax #: C(`f I� ��T ` • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City. of Newport Beach. Data Received: (0/j Dept. /Contact Received From: �rjia ,,A Date Completed: �6 Sent to: oauvla By: Madop, &p S Company/Person required to have certificate: Al i &ncvi .&Ln GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): — 15-6y C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $1M or greater): What is limit provided? A Dec. E. PRODUCTS AND COMPLETED OPERATIONS (Must Include): Is it included? es No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is It Included? Yes ❑ No G- PRIMARY & NON- CONTRIBUTORY WORDING (Must be Included): is It included? Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes 01No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. E. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Tire B. AM BEST RATING (A: VII or greater): H C. ADMITTED COMPANY (Must be Califomia Admitted): Is Company admitted in California? lid ' Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? &f j- ybt,.f 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 nly): Is it included? N/6 ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION Ica /1 A. INSURANCE COMPANY: V'cLt t%Y am- r 3 P, S1 Y6, rA Gr- W B. AM BEST RATING (A: Vit or greater): 4—V111 C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it Included? Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes PAC 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 STPL -5151 (019) 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. 3826 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization i. l h+,.1 Dollars and Cents $_$q Per Lump Sum 2. Lump Sum Traffic Control @Ea,sn a r �w„JnJ Dollars oral n. t and Cents $ Per Lump Sum 3. Lump Sum Install and Maintain Advisory Signs � u . �i,t Dollars aa o K M and Cents $ Per Lump Sum 0 PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Surveying Services @n�+.Jivw.c w eY� Dollars c�d�H suns and Cents $ Say Per Lump Sum 5. 1,800 SF PCC Sidewalk @ omp Dollars and Cents Per Square Foot 6. 260,000 SF Cold Mill AC Pavement @ Dollars and etevon Cents $ .Ili $ 4tann Per Square Foot 7. 350 CY Misc. Median and Curb and Gutter Backfill @f0,Lj4iQ1 Dollars and Cents $ `/S.'- $ Per Cubic Yard 8. 1,600 TN Minimum 1 -Inch Thick AC Leveling Course @ 5"nhl Dollars and Cents $ ?k. $ 42Z&V Per Ton 9. 3,500 TN Minimum 2 -Inch Thick ARHM Surface Course @ se e� Ly eiAkc Dollars and Cents $ 7Y, — $ ?3�ooe) Per Ton PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1,800 LF Remove/Replace Variable Height PCC Curb and Gutter (Type A) @ kY+ l f�* Dollars and Cents $ W $ Per Linear Foot 11. 3,300 LF Remove/Replace Variable Height PCC Curb (Type B) @ 6�. 4 LAbk - Dollars and Cents $ c/a 0 Per Linear Foot 12. 6,000 SF Roadway Over Excavation and Backfill @ +L,eV ,A[ Dollars and Cents $ �_ $ 7�2.oT Per Square Foot 13. 360 SF Commercial Driveway @ -ta , Dollars and Cents $�L . $ >, a.ao Per Square Foot 14. 15 LF Transition from Type B PCC Curb To Type A PCC Curb and Gutter @ k x Dollars and Cents $ $ 7� Per Linear Foot PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 1 EA Grating Catch Basin 16. 80 SF 17. 5 LF 18. 1 EA 19. 8,500 SF 20. 5 EA @sue irk F:K bw," Dollars and Cents Per Each 4 -Inch Thick PCC Apron @ k„.,, 4 Dollars and Cents Per Square Foot Install 18 -Inch RCP (1500 -D) $ -1 15co_ $ s6b _ Dollars and Cents $ � $ -- Per Linear Foot Storm Drain Connection Assembly @ kwo ihw Dollars and Cents Per Each 4 -Inch Thick Stamped Integrally Colored Concrete @ ei6ka Dollars and Cents Per Square Foot Reconstruct/Adjust Manhole Frame and Cover to Grade Cc�h �nw, ed and Sd Dollars and Cents Per Each r PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 11 EA Reconstruct/Adjust Water Valve Frame and Cover to Grade @ hwohw)rtA anal +wenb � Dollars and _ Cents $ $ A-,Ito- Per Each 22. 3 EA Raise Existing Catch Basin to Match Top of New Curb 23. 4 EA 24. 110 SF 25. 36 EA @ -11NIV ihv+ Dollars and Cents $ 3 D $ �OM Per Each Remove /Replace Curb Access Ramp @+hw. +01W d Dollars and Cents $ $ Tom Per Each Alley Approach @ � qma Dollars and Cents $ $ Per Square Foot Replace Traffic Signal Detector Loop @tt,,b w&,eJ edlbe�lvE;atDollars and Cents $ ;P,*•— $ /oo Per Each • PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. Lump Sum Install Pavement Striping, Markings, and Markers @- mirkm*y, 'F;.e Dollars and Cents $ /3T Per Lump Sum 27. Lump Sum Landscape and Irrigation Improvements @a hw s.�✓, ate. -�� <. Dollars o„e s;, r.,-r and Cents $ 4/10y Per Lump Sum , 28. Lump Sum As -Built Plans and DBE Certification @,5X1g.A."./4 Dollars and Cents $ &Ts Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and D Cents t`Q5�77�')�j � FRK: i9b)7�1'4(n�1 j Bidder's Telephone and Fax Numbers -ft�&tn -)0730 Al c -ia Bidder's License No(s). and Classification(s) $ Bfo /•OD Total Price (Figures) M, Bidder Bidder's Auth rized Sigptur nd Title Pa. Sox aaaa,f�kona, cf+ ea9 Bidder's Address F:UlserSTU MSharecAContractsTY 05.06uAMBOREE RD REHAB -SJHR TO FORD C- 38261PROPOSAL C- 3826.doc 4. ƒ \ ( u / cm $ § qj k0 \\ !Mal 0 � ■ | r / o k 2 Q q < < \m ck ° �) � to CD OL g /b < k \ _ E0 wZZ oo \ as a m = 03 © §3 / k\ \/ , e a§ )20 E,£ a 2= o I 22 =a2 m ]w /0(D cn j �/ ) m ±% a 2a �Ic amo _ /0 =3£ m £{ pak ■§ 22 Ett m= a) >, �5 %t `Ecu a ao \_ § q± § \_ o} # \ mE E � � -f \ #\ / k /f� 2> f � 3§ . $7 m� 2° eee > m E k a �a) g£\ E _ (D t � $ 2 £2± �\ \ k 0 ) \ 0E °2E GSk >1 tE 0 0 § t ° � 0E {\ \ / =am}$ �k o R %2 /& ,/ /E @j ]] S2\%)/ \ 7 = U) En t c � L) 0-< -0 {\ , ... � ■ 2 7 k §j e [/ J� \CD � w% j § U) � k 8 -j } k V 0 k � \ E f @ k \ 7 �\ \ � 3 / k | r - e § % 2 Q q < < \m ck E <§ CD / g /b < k E ©i <, _ e $ wZZ oo \ 0 =0 j < | § , 2 2 7 k §j e [/ J� \CD � w% j § U) � k 8 -j } k V 0 k � \ E f @ k \ 7 �\ \ � 3 / k M W O N y a t N C O V y N U i N A C U a C W C c O m a i� 0 a) r Y 0 0 0 O r EA O c 7 O E as c 1 N j N P- 00 o � � I a E C' O QI C E m U I �I I OO' 1 C � I I 0 1 A N N C U N F- G z O m N LY 0 QU Z O U d' O N � r O M O w O a) W a3 LU �a w ( c U O Co O O' Q O C) -0 J O LU — a ZQ Y �O U O �s O o O) O O N co N N r U 7 O ya CIS CCl) OD O Na)O—U LL w L O W H � r O E J o Q O cu z Q Z O C9 z LL. O J = to Ci t LL O Z aD m D U OI S S c O I to m 0 ic 4. L 40 C c O L6 i d Q O V L Y L O O N h 0 v A C U a 0.: a U U p N U N CD N C co O V — N r O O m o c O t Y Q y ZI i X ca Q ai IL Lo 0 V C�O —ON f H m OVA. WO v 0 a) V O C z o O A N co E Q L UZN >— E O C a) F U V i ? w Y � M ca IV L O y d a)WUOi V - m w An t a) c O E is 7 Z d N >, U _ d CL c O a O O N h 0 v A C U a 0.: a U U p N U California Business Search • • Page 1 of 1 DISCLAIMER: The information displayed here is current as of JUN 09, 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= C0570879 &printer =yes 06/15/2006 Corporation ALL AMERICAN ASPHALT Number: C0570879 jDate 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= C0570879 &printer =yes 06/15/2006 • • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 STPL -5151 (019) INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 2 -12 FEDERAL REQUIREMENTS 2 2 -12.1 Award and Execution of 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 4 2 -12.6 DBE Certification Status 5 2 -12.7 Performance of DBE Subcontractors and Suppliers 5 2 -12.8 Subcontracting 6 2 -12.9 Prompt Progress Payment to Subcontractors 6 2 -12.10 Prompt Payment of Funds Withheld to Subcontractors 7 SECTION 3 CHANGES IN WORK 7 3 -3 EXTRA WORK 7 3 -3.2 Payment 7 3 -3.2.3 Markup 7 SECTION 4 CONTROL OF MATERIALS 8 4 -1 MATERIALS AND WORKMANSHIP 8 4 -1.3 Inspection Requirements 8 4 -1.3.4 Inspection and Testing 8 0 0 SECTION 5 UTILITIES 8 5 -2 PROTECTION 8 5-7 ADJUSTMENTS TO GRADE 8 5 -8 SALVAGED MATERIALS 8 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 8 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 8 6-7 TIME OF COMPLETION 9 6 -7.1 General 9 6 -7.2 Working Days 9 6 -7.4 Working Hours 9 6-9 LIQUIDATED DAMAGES 10 6-11 SEQUENCE OF CONSTRUCTION 10 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 10 7 -7 COOPERATION AND COLLATERAL WORK 10 7 -8 PROJECT SITE MAINTENANCE 10 7 -8.5 Temporary Light, Power and Water 10 7 -8.6 Water Pollution Control 11 7 -8.6.1 Best Management Practices and Monitoring Program 11 7 -10 PUBLIC CONVENIENCE AND SAFETY 11 7 -10.1 Traffic and Access 11 7 -10.2 Storage of Equipment and Materials in Public Streets 12 7 -10.3 Street Closures, Detours, Barricades 12 7 -10.4 Public Safety 13 7- 10.4.1 Safety Orders 13 7 -10.5 "No Parking" Signs 13 7 -10.7 Notice to Property Owners 13 7 -15 CONTRACTOR'S LICENSES 14 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 14 SECTION 9 MEASUREMENT AND PAYMENT 14 9 -3 PAYMENT 14 0 0 9 -3.1 General 14 9 -3.2 Partial and Final Payment 18 300 -1.3.2 PART 2 - -- CONSTRUCTION MATERIALS 19 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 18 201 -1 PORTLAND CEMENT CONCRETE 18 201 -1.1.2 Concrete Specified by Class 18 201 -5 CEMENT MORTAR 18 201 -5.6 Quick Setting Grout 18 SECTION 214 PAVEMENT MARKERS 18 214 -4 NONREFLECTIVE PAVEMENT MARKERS 18 214 -5 REFLECTIVE PAVEMENT MARKERS 19 SECTION 215 ADVISORY SIGNS 19 215 -1 GENERAL 19 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 300 -1 CLEARING AND GRUBBING 19 300 -1.3 Removal and Disposal of Materials 19 300 -1.3.2 Requirements 19 300 -1.5 Solid Waste Diversion 19 SECTION 302 ROADWAY SURFACING 20 302 -5 ASPHALT CONCRETE PAVEMENT 20 302 -5.1 General 20 302 -5.3.1 Weedkill 20 302 -5.4 Tack Coat 20 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 20 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 20 303 -5.1 Requirements 20 303 -5.1.1 General 20 303 -5.5 Finishing 20 0 0 303 -5.5.2 Curb 20 303 -5.5.4 Gutter 20 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 21 307 -4 TRAFFIC SIGNAL CONSTRUCTION 21 307 -4.9.3 Inductive Loops 21 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 21 308 -1 GENERAL 21 SECTION 02810 LANDSCAPE IRRIGATION 21 Part 1 GENERAL 21 1.01 Scope of Work 21 1.02 Quality Assurance and Requirements 21 1.03 Submittals 23 1.04 Product Delivery, Storage and Handling 27 1.05 Guarantee 27 Part 2 PRODUCTS 28 2.01 Materials 28 Part 3 EXECUTION 32 3.01 Inspection 32 3.02 Preparation 33 3.03 Installation 34 3.04 Temporary Repairs 36 3.05 Existing Trees 37 3.06 Field Quality Control 37 3.07 Maintenance 38 3.08 Clean -up 39 3.09 Final Observation Prior To Acceptance 39 3.10 Observation Schedule 39 SECTION 310 PAINTING 40 310 -5 PAINTING VARIOUS SURFACES 40 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 40 310 -5.6.7 Layout, Alignment and Spotting 40 310 -5.6.8 Application of Paint 40 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 41 312 -1 PLACEMENT 41 • • PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS — WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General 600 -2 -6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling APPENDIX A — ADVISORY SIGNS APPENDIX B — CURB ACCESS RAMP STANDARD DRAWINGS FAUsers\PBW\Shar"Contracts\FY 05- 06WAMBOREE RD REHABSJHR TO FORD C- 3826 \SPECS INDEX C- 3826.doc 41 41 41 41 41 41 f� • SP 1 OF 41 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD CONTRACT NO. 3826 STPL -5151 (019) 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- 5909 -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) Caltrans Standard Specifications (Latest Edition). Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb and gutter, and roadway reconstruction, construct storm drain systems, and complete all other items of work as required on place. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Walter F. Lundin, LS 7707 and can be contacted at (714) 740 -8840. At a minimum, two (2) sets of cut - sheets for all • • SP2OF41 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 corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2 -12 FEDERAL REQUIREMENTS 2 -12.1 AWARD AND EXECUTION OF CONTRACT The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. Bid protests are to be delivered to the following address: 3300 Newport Blvd. Newport Beach, CA 92663 Public Works Department The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the address listed above. A "LOCAL AGENCY BIDDER - DBE INFORMATION" form will be included in the contract documents to be executed by the successful bidder. The purpose of the • SP3OF41 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. 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 0 • SP4OF41 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: / /frwe bgate. access.gpo.gov /cgi -b in /getdoc. cg i ?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 Dlans or indicated in the soecifications and the Contractor encounters materials which the Contractor as defined in Section hazardous substance work in unaffected a immediately cease Engineer in writing. reasonably believes to be asbestos or a hazardous substance 25914.1 of the Health and Safety Code, and the asbestos or has not been rendered harmless, the Contractor may continue reas reasonably believed to be safe. The Contractor shall vork in the affected area and report the condition to the 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. 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. 0 • SP5OF41 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. 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. 0 2 -12.8 SUBCONTRACTING • SP6OF41 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.Ga.gov/DLSE/Debar.htmi. 2 -12.9 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take 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. 0 • SP7OF41 2 -12.10 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The agency shall hold retention from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retention to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non - DBE prime contractors and subcontractors. SECTION 3 -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (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. 0 • SP8OF41 SECTION 4 - -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The contractor will be required to contact Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utilities to notify them of the facilities being adjusted to grade. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing City-owned sewer manhole, grade rings, water valve cans and covers, meter or valve box covers. 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, Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." 0 0 SP9OF41 No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t 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 4 th , the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th and 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his 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, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 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 • • SP 10 OF 41 supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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." 6 -11 SEQUENCE OF CONSTRUCTION. To minimize construction impacts to Corona del Mar High School, construction shall proceed from north (Ford Road) to south (San Joaquin Hills Road) along Jamboree Road. The northbound left turn pocket at Ford Road shall be the first order of work. All construction work at the intersection of Jamboree Road and Ford Road, including the left turn pocket, shall be completed by September 1, 2006. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 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." • • SP 11 OF 41 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 web site at htti)://www.citv.newport - 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 marine waters. 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 sawcutting. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance, failure of the Contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the Contractor for all costs plus 15 percent. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. The advisory signs and digital message boards shall be placed one week prior to the start of construction. The City will determine the location and provide the information to be displayed on the advisory signs and digital message boards. 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 • • SP 12 OF 41 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 not be stored in streets, roads, or sidewalk areas without approval 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 storage area. The Contractor shall restore the storage area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition within the storage area has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Access to all side streets shall be maintained at all times. 2. The Contractor shall not close more than one (1) traffic lane in either travel direction before 9:00 a.m. or after 3:00 p.m. on work days. 3. Emergency vehicle access shall be maintained at all times. 4. The locations and wording of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience to the public. 5. All advanced warning sign installations shall be reflectorized and/or lighted. 6. The Contractor shall provide solar - powered arrow boards and uniformed flag persons to direct traffic through the construction zone at all times. 0 • SP 13 OF 41 7. In case of left turn pocket(s) closure, the affected traffic will be allowed to make u -turn at the next intersection. Every effort should be made to minimize left turn pocket closures. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractors responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Property Owners. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent businesses and residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. • • SP 14 OF 41 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License in the State of California. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place, including repairing all existing improvements damaged by the work and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, • • SP 15 OF 41 flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 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. 4 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property comers disturbed by the work, and other survey items as required to complete the work in place. Item No. 5 PCC Sidewalk: Work under this item shall include the removal and disposal of existing sidewalk and reconstruction per CNB Std -180 -L and all other work items as required to complete the work in place. Item No. 6 Cold Mill AC Pavement: Work under this item shall include cold milling the AC 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. 7 Miscellaneous Median and Curb and Gutter Backfill: Work under this item shall include the backfill with native material as required before placement of median curb and gutter. All backfill shall be compacted to a minimum of 95% compaction. Item No. 8 Minimum 1 -Inch Thick AC Leveling Course: Work under this item shall include crack sealing of all cracks that are wider than 1/4" in width, construction of AC leveling course, compaction, and all other work as required to complete the work as shown on the plans. Item No. 9 Minimum 2 -Inch Thick ARHM Surface Course: Work under this item shall include construction of 2" minimum thick ARHM pavement overlay, mechanical and manual compaction, and all other work items as required to complete the work in place. Item No. 10 Remove /Replace Variable Height PCC Curb and Gutter (Type A): Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, installing aggregate base underneath as shown on Improvement Plans, reconstructing curb openings of existing curb drains, constructing PCC curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as • • SP 16 OF 41 required for performing the work complete and in place. Gutter width shall be 24- inches. Item No. 11 Remove /Replace Variable Height PCC Curb (Type B): Work under this item shall include removing and disposing of the existing curb, compacting subgrade, installing aggregate base underneath as shown on Improvement Plans, reconstructing curb openings of existing curb drains, constructing PCC curb, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 12 Roadway Over Excavation and Backfill: Work under this item shall include removal of existing pavement for proposed structural section and replacement with asphalt concrete pavement to thickness to match existing. The Contractor shall exercise due caution to avoid any damage to existing improvements to be protected in place. Any damage done by the Contractor and /or his equipment shall be repaired or replaced as called out in Section 7 -9 of the Standard Specifications at the Contractor's expense. Item No. 13 Commercial Driveway: Work under this item shall include constructing a concrete commercial driveway at location shown on the plans, including subgrade compaction and all other work items as required to complete the work in place. Item No. 14 Transition From Type B PCC Curb to Type A PCC Curb and Gutter: Work under this item shall include removing and disposing of the existing curb, subgrade compaction, constructing transition from Type B PCC curb to Type A PCC curb and gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Grating Catch Basin: Work under this item shall include raising the basin to match the proposed finish surface elevation, reconstruction of local depression, installation of new traffic rated bicycle proof galvanized grate and frame, and all other work items as required to complete the work in place. Item No. 16 4 -Inch Thick PCC Apron: Work under this item shall include constructing PCC concrete apron at location shown on the plans, including subgrade compaction and all other work items as required to complete the work in place. Item No. 17 Install 18 -Inch RCP (1500 -D): Work under this item shall include installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or • • SP 17 OF 41 improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 18 Storm Drain Connection Assembly: Work under this item shall include, the construction of storm drain connection assembly per CNB Std -312 -1- including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 19 4 -Inch Thick Stamped Integrally Colored Concrete: Work under this item shall include construction of 4" thick stamped concrete in median divider as detailed on plans. Removal of existing stamped concrete is included in Item No. 4.. All backfill shall be completed to 95% compaction. Item No. 20 Reconstruct/Adjust Manhole Frame and Cover to Grade: Work under this'item shall include reconstructing /adjusting all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 21 Reconstruct/Adjust Water Valve Frame and Cover to Grade: Work under this item shall include reconstructing /adjusting all water valve frame and cover to grade and all other work items as required to complete the work in place. Item No. 22 Raise Existing Catch Basin to Match Top of New Curb: Work under this item shall include the reconstruction of existing catch basin top to match top of new curb, reconstruction of PCC local depression, and all other work items as required to complete the work in place. Item No. 23 Remove /Replace Curb Access Ramp: Work under this item shall include removal and disposal of existing curb access ramps and reconstruction per City Standard Plan No. STD - 181 -L. Refer to Appendix B for Curb Access Ramp Standard Drawings. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin or equal, and all other work items as required to complete the work in place. Item No. 24 Alley Approach: Work under this item shall include constructing a concrete alley approach at location shown on the plans, including subgrade compaction and all other work items as required to complete the work in place. Item No. 25 Replace Traffic Detector Loops: Work under this item shall include all labor and material to install and connect traffic detector loops into existing termination pull box and all other work as required to complete the work shown on the plans and these Specifications. The Contractor shall notify the Engineer of deactivation of any existing loops one week prior to start of any work. • • SP 18 OF 41 Item No. 26 Install Pavement Striping, Markings and Markers: Work under this item shall include installing traffic striping, markings, and markers, and all other work items as required to complete the work in place. Item No. 27 Landscape and Irrigation Improvements: Work under this item shall include fertilizing, chemically killing and mowing existing turf, adding top soil to match new grades, installing root barrier ribbed panels on all existing trees, removing conflicting trees, installing new irrigation system, hydroseeding as needed and all other work items as required to complete the work in place. Item No. 28 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." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 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." • • SP 19 OF 41 214 -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 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1'/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 0 • SP 20 OF 41 SECTION 302 -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be B2 -AR -4000. All cracks'/4-inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with a F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.3.1 Weedkill. Contractor shall treat the finished subgrade with an approved weed - killer herbicide prior to placing the pavement section. 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." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X° shall indicate the number of feet from the curb face to the valve.. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." 0 • SP 21 OF 41 SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.8.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -56 and shall be Type 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. SECTION 02810 LANDSCAPE IRRIGATION PART 1- GENERAL 1.01 SCOPE OF WORK: A. Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and /or described herein. 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Permits and Fees: The Contractor shall obtain and pay for any and all permits and all inspections as required. B. Manufacturers Directions: Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. 0 0 SP 22 OF 41 C. Ordinances and Regulations: All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities: 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the City Inspector. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. 6. Immediately notify the City Inspector in case of discrepancies. 7. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re- installation of such areas until all discrepancies are resolved to the City Inspector's satisfaction. E. Site Safety: Erect and maintain barricades, warning signs, lights and /or guards as necessary or required to protect all persons on the site. F. Explanation of Drawings: Due to the scale of drawings, it is not possible to indicate all • • SP 23 OF 41 offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. 2. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. 3. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the City Inspector. In the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 1.03 SUBMITTALS: A. Material List: 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the City Inspector. 2. Submittals shall be provided within ten (10) working days from the award of the contract. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format: Item No Description ManufacturerModel Size(s) 1. Quick Coupling Valve Rainbird 33DLRC W 2. Pop -up Spray Head Rainbird 1806 NA 3. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. B. Substitutions: 1. The contractor may submit proposed substitutions for equipment • SP 24 OF 41 and materials listed on the irrigation plans in the following manner. The landscape contractor shall submit to the City Inspector for approval on a separate sheet of contractor's letterhead paper the following: a. A statement indicating the reason for making each individual proposed substitution(s). b. Provide descriptive catalog literature, performance charts and flow charts as required for each item the contractor proposes to substitute, including the sales /manufacturer's regional telephone number. C. Provide the amount of cost savings or overage if the proposed substitute item is approved. 2.. Substituted equipment of materials installed or furnished without prior approval of the City Inspector may be rejected and the Contractor required to remove such materials from the site at his own expense. The City Inspector shall have the sole discretion in accepting or rejecting any proposed substitution. 3. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. 4. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 5. Manufacturer's warranty is required on any product offered. 6. If, in the opinion of the City Inspector, the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. C. Record Drawings: 1. The Contractor shall provide and keep up to date a complete "record" set of blue line ozalid prints which shall be corrected daily and show every change from the original drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and shall be the basis for measurement and payment for work completed. This set of drawings shall be kept on the site and shall be used only as a record set. 2. The Contractor shall make neat and legible annotations thereon • • SP 25 OF 41 daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for inspection and shall be kept in a location approved by the City Inspector. 3. Before the date of the final inspection, at the end of the 90 day Phase, the Contractor shall transfer all information from the record prints to sepia or photo mylar. The mylar may only be procured from the Landscape Architect via a bonded reprographics firm which will pick up the original plans, print them and return the originals to the Landscape Architect's office. The cost of these prints shall be paid to the reprographics firm directly from the Contractor. All work shall be neat, drawn in waterproof ink by a technical ink pen designed specifically for use on mylar material. Work completed in felt tip pen or ballpoint pen shall be rejected because of. the non - permanent nature of both devices. All work shall be subject to the approval of the City Inspector. 4. The Contractor shall verify the needs of the City Inspector or City Planning Department as to any requirements for City Inspector - required record drawings. The Contractor shall be responsible for providing all drafting and required plans on the required medium to the City Inspector as required. All costs for drafting services shall be borne by the Contractor. This includes all microfilm or other processes the City Inspector may deem necessary for record purposes to the satisfaction of the City Inspector. The Landscape Architect is not responsible, nor contracted for drafting Contractor record drawings. 5. The Contractor shall dimension from two (2) points of reference the location of the following items. The depth of each item shall also be indicated if required by the City Inspector. The minimum height of dimensions and /or notes shall be 118" unless otherwise directed by the City Inspector. Provide a "bar scale" on the plan. a. Water Point of Connection, (POC) b. Master valve C. Flow sensor d. Gate or ball valves e. Quick coupling valves f. Remote control valves g. Routing of pressure main line piping, ( dimension max. 100' along routing) h. Routing of control and common wire i. Pull Boxes j. Other related equipment 6. On or before the date of the final inspection at the end of the 90 • • SP 26 OF 41 day Maintenance Phase, the Contractor shall deliver the corrected and completed mylar to the City Inspector. Delivery of the mylar will not relieve the contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. D. Controller Charts: 1. Record drawings shall be evaluated by the City Inspector before controller charts are prepared. 2. Provide one controller chart for each controller, unless otherwise directed by the City Inspector. 3. The chart shall show the area controlled by each automatic controller and shall be sized Y2" smaller than the controller door on all sides. 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 6. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. 7. The charts shall be mounted using Velcro tape. 8. Controller charts shall be completed and approved prior to final inspection of the irrigation system. E. Operation and Maintenance Manuals: 1. Prepare and deliver to the City Inspector within ten calendar days prior to completion of construction, hard - covered three rings binders containing the following information: a. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. b. Catalog and parts sheets on every material and equipment 0 • SP 27 OF 41 installed under this contract. C. Guarantee statement d. Complete operating and maintenance instructions on all major pieces of equipment. e. Equipment list providing the following for each item: • Manufacturer's name • Make and model number • Name and address of local manufacturers representatives • Spare parts list in detail 2. Provide two (2) manuals, unless otherwise directed by the City Inspector. F. Equipment to be furnished: 1. Supply as a part of this contract the following tools and equipment: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this contract. b. Two (2) five foot valve keys for operation of ball valves (as required). C. Two (2) keys for each automatic controller. d. Two (2) quick coupling valve keys. 2. The above - mentioned equipment shall be turned over to the City Inspector at the end of the 90 day Maintenance Phase. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: 1. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. 1.05 GUARANTEE: A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the City Inspector prior to acceptance of the irrigation system. • SP28OF41 B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The beginning date of the one year guarantee shall be from the written final acceptance date established by the City Inspector at the end of the 90 day Maintenance .Phase. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have fumished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City Inspector. We shall make such repairs or replacements within a reasonable time as determined by the City Inspector after receipt of written notice form the City Inspector. All repair work shall complete to the satisfaction of the City Inspector. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the City Inspector, we authorize the City Inspector to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — PRODUCTS 2.01 MATERIALS: A. General: Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. Reclaimed Water Pressure Mainline or Lateral Line Pipe: Pipe shall be PVC Schedule 40 or Class 315 ultraviolet resistant, (PVC -UVR), with solvent welded or gasket type fittings as indicated by type on the drawings. • SP 29 OF 41 2. Pipe shall be made from violet - colored PVC material with Cell Class 124B, Type 1, Grade 1, PVC 1120, meeting ASTM specification D1785 and D2241 and equivalent to that as manufactured by Pacific Plastics, Inc., or equivalent. 3. Marking on the violet- colored PVC pipe shall include the following notations: a. CAUTION RECLAIMED WATER b. Nominal pipe size C. Pressure rating in PSI @ 73 degrees F d. ASTM designations e. NSF approval designations f. Printing shall appear on two side of the pipe and be repeated every 24 inches. 4. Install PVC as shown on the drawings and details. C. Threaded Nipples: 1. Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. 2. Assemble threaded fittings using teflon tape applied to male threads only. D. Joint Primer: 1. Type as recommended by manufacturer of pipe. 2. Type IPS -P -70 or equivalent for Flex hose to PVC fittings. E. Joint Cement: 1. Solvent type as recommended by manufacturer. F. Brass Pipe and Fittings: 1. Where indicated on the drawings, use 85% red brass, schedule 40 screwed pipe conforming to Federal Specification #WW -P -351. 2. Fittings shall be medium red brass, screwed, 125 pound class conforming to Federal Specification #WW -P -460. 3. Assemble using teflon tape applied to male threads only. G. Ball Valves: 1. . Shall be as specified on plans. H. Flow Meters: 1. Shall be as specified on plans. I. Quick Coupling Valves: • SP 30 OF 41 1. Quick coupling valves shall have a brass two -piece body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. 2. Hinge cover shall be of heavy duty brass construction with a durable high quality locking violet, (reclaimed) thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent - type cover. 3. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. J. Normally - Closed Master Valves: 1. Shall be as specified on plan a. In -line Pressure Regulator: • The in -line pressure regulators shall be constructed of durable, UV an heat resistant non - corrosive material providing a pressure rating of not less than 80 PSI. The unit shall have a preset outlet pressure of approximately 40 pounds PSI. • The unit shall be identifiable as to the flow range capabilities of the pressure regulator as follows: 1 to 5 GPM — red label, 2 to 22 GPM — yellow label. The unit shall have a 1" female threaded inlet and outlet. The unit shall have the ability to be installed above or below grade. 2. Provide and install Christy tags with valve sequence for each valve. K. Valve Boxes: 1. Gate Valves: Use 10" diameter x 10 -1/4" round boxes, Carson industries #910 -12B with purple bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. 2. Electric Control Valves: Use 12 "x18 "x12" deep rectangular boxes, Carson Industries #1419A -12B with purple bolt down cover or approved equivalent. 3. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10 -114" deep round box with lock bolt cover. Box shall be green in color. 4. Identification numbers shall be branded onto the box lids in 2 -inch high letters and numbers. Vehicle traffic area boxes shall be concrete with cast -iron lid designed for vehicle traffic use. M L. High Voltage Wiring: • SP 31 OF 41 1. Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. M. Control Wiring: 1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt. Pilot wires sharing the same automatic controller shall be the same color. Common wire shall be white in color. Provide different colors for each controller installed on the same project. Install wire in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200', 10 ga. up to 2,000' from valve to controller. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible 3. Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. 4. An expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. 5. All splices shall be made with Scotch Lok, Connector Kings, or King "One- Step" wire connectors. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and /or directional turn. 6. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the City Inspector. 7. All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires. If more than one route is available for extra wires, contact the City Inspector for the number of extra wires to be run in differing directions. N. Cable: 1. All communication cable shall be as specified by the manufacturer • SP 32 OF 41 for each type of equipment for which the cable is meant to operate. O. Automatic Controller: 1. The automatic controller shall be of the size and type shown on the drawings. 2. The City Inspector prior to installation shall approve final location of automatic controllers. 3. Unless otherwise noted on the plans. The 120 -volt electrical power to the automatic controller location shall be furnished by others. The final hook -up of the automatic controller to the 120 -volt power source shall be the responsibility of the irrigation contractor. P. Sprinkler Heads: 1.. All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. 2. All spray type sprinklers shall have a screw adjustment. 3. Riser /swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. 4. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. Q. Location Tape: 1. Submit a plastic warning /location tape to be used over all mainline, wires, communication cable, conduit, sleeves etc. Do not provide location tape over lateral non - pressure lines. PART 3 — EXECUTION 3.01 INSPECTION: A. Site Conditions: 1. All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. 2.. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. 3. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. 4. The Contractor shall carefully check all grades to satisfy him that 0 • SP 33 OF 41 he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. 5. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. 6. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. 3.02 PREPARATION: A. Physical Layout: 1. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. 2. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the City Inspector immediately if obstructions prevent routing as denoted on plans. 3. Lay out irrigation emitters /heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design- intent and only after receiving approval from the City Inspector. Do not exceed the maximum or minimum spacing indicated by the manufacturer. 4. Lay out each system using staking method as approved by the City Inspector. Maintain and protect staking layout. B. Water Supply: 1. Sprinkler irrigation system shall be connected to water supply points of connection.as shown on drawings. 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. C. Electrical Supply: 1. An electrical connection for automatic controller shall be made to electrical points of connection as shown on the drawings: i • SP 34 OF 41 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. 3.03 INSTALLATION: A. Trenching: . 1. Dig trenches straight to-support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. a. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all non- pressure lateral lines. C. Provide for a minimum of eighteen- (18) inches cover for all control wiring. B. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse.. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one -half (112) inch in size will be permitted in the initial backfill. 3. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City Inspector. C. . Trenching and Backfill Under Paving: 1. Trenches located under areas where paving, asphalt concrete or concrete will be installed, shall be backfilled with sand (a layer six (6) inches below the pipe and four (4) inches above the pipe), and compacted in layers to 95% compaction, using manual or mechanical tamping devices. Trenches for piping shall be compacted to equal the compaction of the existing adjacent • • SP 35 OF 41 undisturbed soil and shall be left in a firm unyielding condition. The sprinkler irrigation Contractor shall set in place, cap and pressure test all piping under paving prior to the paving work. 2. Piping under existing paving may be installed by jacking or boring. No hydraulic driving shall be permitted. Where any cutting or breaking of sidewalks and /or concrete is necessary it shall be done and replaced by the Contractor as part of the contract cost. Permission to cut or break sidewalks and or concrete paving shall be obtained from the City Inspector. 3. Provide for a minimum cover of twenty four (24) inches between the top of the pipe and the bottom of the aggregate base for all pressure and non - pressure piping installed under asphalt concrete paving. D. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each assembly with it's own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 4.. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 5. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. E. Line Clearance: 1. All lines shall have a minimum clearance of six (6) inches from . each other and from lines of other trades. Parallel lines shall not be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. • • SP36OF41 2. Place location tape 6" above all piping, low voltage and high voltage wiring. F. Automatic Controller: 1. Install controller per manufacturer's instructions. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. G. High voltage wiring for Automatic Controller: 1. The irrigation contractor shall provide 120 -volt power connection to the automatic controller. 2. All electrical work shall conform to local codes, ordinances and union authorities having jurisdiction. H. Remote Control Valves: 1. Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. Flushing of System: 1. After all new sprinkler pipe lines and risers are in . place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a. full head of water used to flush out the system. 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished. J. Sprinkler Heads: 1. Install the sprinkler heads or emitters as designated on the drawings. Sprinkler heads and /or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. 2. Spacing of sprinkler heads and /or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. 3.04 TEMPORARY REPAIRS: A. The City Inspector reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. • • SP 37 OF 41 The exercise of this right by the City Inspector shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.05 EXISTING TREES: A. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through roots. Roots one -half (112) inch and larger in diameter shall be painted with two coats of tree seal, or equivalent. Trenches adjacent to trees should be closed within twenty - four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 3.06 FIELD QUALITY CONTROL: A. Adjustment of the System: 1. The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. Adjustments may also include changes in nozzle sizes and degrees of arch as required. 3. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the City Inspector. 4. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. B. Testing of Irrigation System: 1. The Contractor shall request the presence of the City Inspector at the intervals listed below in advance of any testing. 2. The Contractor shall provide "walkie- talkies' for communication from the review area to the controller location. 3. The Contractor shall provide current record drawings at each review. 4. Before testing mainlines, fill the lines with water for a period of at • • SP 38 OF 41 least 24 hours. 5. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. 6. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. 7. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. 8. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire. system is proven watertight. 9. All hydrostatic tests shall be made in the presence of the City Inspector. The test may be made in the presence of the General Contractor's superintendent only if written acceptance of the test is forwarded to the City Inspector immediately after testing. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing. 10. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. 11. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 12. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City Inspector, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. 13. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the City Inspector. 3.07 MAINTENANCE: A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. B. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and 90 day Maintenance Phases or work. 3.08 CLEAN -UP: • SP39OF41 A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.09 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the City Inspector at the time of final observation at the end of the 90 day Maintenance Phase. Any items deemed not acceptable by the Landscape Architect shall be reworked to the complete satisfaction of the Landscape Architect. B. The Contractor shall show evidence to City Inspector that the City Inspector has received all accessories, charts, record drawings and equipment as required before the final observation can occur. 3.10 OBSERVATION SCHEDULE: A. The Contractor shall be responsible for notifying the City inspector in advance for the following observations, according to the following time schedule. The number of site visits may vary with the City Inspector. The Contractor shall be familiar with the number and type of irrigation observations necessary prior to work. Typical observations may consist of, but not be limited to the following: 1. Pre -job conference 7 days 2. Pressure supply line installation and testing 48 hours 3. Automatic controller installation 48 hours 4. Control wire installation 48 hours 5. Lateral line and sprinkler installation 48 hours 6. Coverage test 48 hours 7. Observation to begin 90 day Maintenance Phase 7 days 8. Final observation at the end of the 90 day Maintenance Phase 7 days B. In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the City Inspector, the observation shall be postponed. 10 SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 0 SP 40 OF 41 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 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. 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." • • SP 41 OF 41 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 slurry." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix (ARHM) 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. 10, 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 :1Users\PBW\Shared\ContractsSFY 05-061JAMBOREE RD REHAB -SJHR TO FORD C- 38261SPECS C-3826.doo SPECIAL PROVISIONS APPENDIX A ADVISORY SIGNS .0 •� � t .�_ iY ..� :mod "• .r r si�:� . ' - -J ,. ... �'•1, _ -.c: iii. ", ?�., yl Cq y� :.. p a It ' rit r 4 F 8i, x t • kwy is'. \ t X51.1.. .�]� n� }..�Tf{ � • .. •f < 3. z It J t lk ' c �' CIF t .• • -.� ' :; ti. '�:•� ' :ice T� i - rr 4 '; i , ' n♦ • 1 aS Mr CIA _" �• t ���`1 .tom. / •J�< s,.f'- w. E.�' y' Y' i` .. ' "��,.4;.a:C"- c.�'sr ,•etc ,' r 1, .. M ✓• f � �� ',. • .. . _ -tom �;::'' "� •: �i t zav � rya :. ?`,;. — 0 SPECIAL PROVISIONS APPENDIX B 0 CURB ACCESS RAMP STANDARD DRAWINGS W k O ^rn NO N %DW N Z— 9 a J 0 � Q u U �n O T n 2:2 m x z Z is 'w.ry ,Y algDUDA �a XoI WJD 6UIlwld °c ° u � a Zyy 'D N Z U m W Ili Q x U d m s m Y 0 YD_ XZ 0 N w N %Dry ga -'Iivl I a> CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CURB ACCESS RAMP DETAILS I 11 J d� v C =- y � .9 uDyT 1 ssa� r � N N J Q c s a =z Q W x' N n F Z o0� n¢ m V 'E O E ! o� a y O p 00 J° P W Z a s a UN �.�' W i'♦ V e 03 m c 04' y %v o ° K✓ii a- Rc mB m MX a \ NNp P c °E3n v —& o�u 0 V n O E o.R a E n P• a v W a m z U u� Z Y 0 YD_ XZ 0 N w N %Dry ga -'Iivl I a> CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CURB ACCESS RAMP DETAILS I _h m O� O 3� Z OO N Jo a U m J ° v C =- y � 6 q r � N N J Q C_O i =z Q W x' N n F Z o0� n¢ m V 'E is7 Z• E ! o� a y v 00 J° P W Z a s a UN �.�' W i'♦ V e 03 m c K✓ii a- mB m C �O NNp P c °E3n v —& o�u o.R a E °vn _h m O� O 3� Z OO N Jo a U m QI 5 � a U m O� ° v C =- a � a q r � N N J Q ° =z N c n F n¢ 1y E ! o� v a 00 o � e m QI 5 � a U m ^ ° v c a v P Y q r � N N J Z m QI 5 � a U RCE NO. 36106 Ira": R. OKADA Date: 1112005 DRAWING NO. O Z: Q Gr O v. ia] wlQ V STD - 181 -L -A a v P c J I., o m o N OO O v a o � RCE NO. 36106 Ira": R. OKADA Date: 1112005 DRAWING NO. O Z: Q Gr O v. ia] wlQ V STD - 181 -L -A 1p F .o. See Note 6 4' Min. Y • •• };•:° - yR) I See notes 9, 15 and 16 I i 10 ft I j(4 It) I Varies II I I Min. I ill i I I II 2 -Z�1 � eQ li I I I�dF I! I y I II ii i I II / ~- t0A 51 a Mox. I + Cuirb Face Romp Landing (q ! 1i See note below notes 9, IS and 16 LENGTH OF CURB TRANSITION -X- (TYPICAL) do ' \¢ Curb height Transition 5.0' min. o� 8' 6.2" Min. 1 See notes 9, 15 and 16 tIYA th 40pe CASE "L" mrm T 0 0 c°v c (4 in) &33% Slope Max. Variable I II I See Note 8 I I I \ I I n� 0 1F n ° ro It for 6 in Curb Face It Ia e m Curb Fore See notes 9, 15 CASE "J" Varies 5' Min. 2% MAX. I I - - See notes 9, IS and 16 Slope See Note 8 t ] See Note B a . i +`X T 833% Slope e +m + - 4 in N- + w FULL HEIGHT E 'a U + ° I LL w 8 {' + + a o °I c .� (4 in) Wide Vorioble % Height Retaining Curb +•� • •• P H o C n + + ° (4.25 in) (0 in) C.F. 42P CASE "J" Top of romp Rounded -i T 8.33% Mox T- 2% Max. SECTION A -A NOTE: PLEASESF,F. STD- 1$1 -L -C FOR ALLNOTES. CITY OF NEWPORT BEACH PUBLIC WORKSDEPARTM1IEN'T CURB ACCESS RAMP DETAILS I1 See Note B -( 11 I u Variabl CASE "K" 5 `o Retaining curb 2% Max, fif necessary T — i SECTION C'-C RCE. NO. 361 a1i Drawn: R. Okada Dote: 11/2005 uRAw1NC NO. WORKS DIRITTOR 16 1 181 -L -B ° + e$ yoy 0 In Curb Face Along + °• �••'• Access Romp Landing notes 9, IS and 16 42P CASE "J" Top of romp Rounded -i T 8.33% Mox T- 2% Max. SECTION A -A NOTE: PLEASESF,F. STD- 1$1 -L -C FOR ALLNOTES. CITY OF NEWPORT BEACH PUBLIC WORKSDEPARTM1IEN'T CURB ACCESS RAMP DETAILS I1 See Note B -( 11 I u Variabl CASE "K" 5 `o Retaining curb 2% Max, fif necessary T — i SECTION C'-C RCE. NO. 361 a1i Drawn: R. Okada Dote: 11/2005 uRAw1NC NO. WORKS DIRITTOR 16 1 181 -L -B NOTES 1. IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMODATE RAMP AND 1422 m (4 ft.) PLATFORM AS IN CASE A, THE SIDWALK MAY BE DEPRESSED LONGITUDINALLY AS IN CASE B OR C OR MAY BE WIDENED AS IN CASE D. 2. IF SIDEWALK IS LESS THAN 6 FEET WIDE, THE FULL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN IN CASE C. 3. WHEN RAMP IS LOCATED IN CENTER OF CURB RETURN, CROSSWALK CONFIGURATION MUST BE SIMILAR TO THAT SHOWN FOR CASE E TO ACCOMMODATE WHEELCHAIRS. 4. FOR CASES F AND G THE LONGITUDINAL PORTION OF THE SIDEWALK MAY NEED TO BE DEPRESSED AS SHOWN IN CASE B. 5. IF LOCATED ON A CURB THE SIDES OF THE RAMP NEED NOT BE PARALLEL, BUT THE MINIMUM 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 10% AT CURB TO CONFORM WITH LONGITUDINAL SIDEWALK SLOPE ADJACENT TO TOP OF THE RAMP, EXCEPT IN CASE C. 11. UTILITY PULL BOXES, MANHOLES, VAULTS AND ALL OTHER UTILITY FACILITIES WITHIN THE BOUNDARIES OF THE CURB RAMP WILL BE RELOCATED OR ADJUSTED TO GRADE BY THE OWNER PRIOR TO, OR IN CONJUNCTION WITH, CURB RAMP CONSTRUCTION. 12. MAXIMUM SLOPES OF ADJOINING GUTTER, THE ROAD SURFACE IMMEDIATELY ADJACENT TO THE CURB RAMP AND CONTINUOUS PASSAGE TO THE CURB RAMP SHALL NOT EXCEED 5 PERCENT WITHIN 4 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 EXISTING FACILITY, THE CHANCES ARE PERMITED: (A) RAMP GRADE IN CASE "C" MAY BE INCREASED TO 49 (8) OTHER RAMP GRADES MAYBE INCREASED TO A MAXIMUM OF 11.17. (NEVERTHELESS, THEY SHOULD BE AS FLAT AS FEASABLE). (C) WHERE THE 4 FEET PLATFORM IS NOT FEASABLE, THE WIDTH MAY BE DECREASED TO 3 FEET. (D) THE PLATFORM MAY BE ELIMINATED IF THE GRADE DOES NOT EXCEED 8.33% 15. RAISED TRUNCATED DOMES SHALL BE DARK GREY COLORED AND SHALL BE "TERRA PAVING" AS MANUFACTURED BY WAUSAU TILE, INC. OF WISCONSIN OR EQUAL. 16. DETECTABLE WARNING SURFACES SHALL EXTEND 610mm (24 in.) MINIMUM IN THE DIREC77ON 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 BEACH APPROVED: PUBLIC WORKS DEPARTMENT RCE CURB ACCESS RAMP Drawn: n: NO. 36106 R. Oka BLIC WORKS DIRECTOR Drawn: R. Okada I Scale: N.T.S. NOTES I Date: 04 /2006 I ". 'W1 oewe•m"3`s "a .. DRAWING NO. STD- 181 -L -C a • TOP DIAMETER — MIN. 50% of base � MAX. 65% of base 5mm (0.2' ) BASE DIAMETER 23mm MIN. (0.9") 36mm MAX. (1.4 ") RAISED TRUNCATED DOME 41mm (1.6 ") Min. 61mm (2.4 ") Max Center to Center spacing / \ �J Base Spacing RAISED TRUNCATED DOME PATTERN IN -LINE See Notes 9, 15 and 16 CITY OF NEWPORT BEACH APPROVED: PUBLIC WORKS DEPARTMENT CURB ACCESS RAMP RCE N0.36106 PUBLIC WORKS DIRECTOR Drawn:F Okada Scale. N.T.S. DETECTABLE WARNING SURFACE Date: l l /2004 DRAWING No. STD - 181 -L -D CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY C MUIV=�EMN" CIrYOFNEWPON OMH FROM: Public Works Department Andy Tran, P.E. 949 - 6443315 or atran @city.newport- beach.ca.us SUBJECT: JAMBOREE ROAD REHABILITATION FROM SAN JO ROAD TO FORD ROAD - AWARD OF CONTRACT NO. 3826 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3826 to All American Asphalt for the Total Bid Price of $1,061,061, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $100,000 to cover the cost of unforeseen work. 4. Approve a Budget Amendment appropriating $400,000 from the AHRP fund balance to Account No. 7285- C5100832 and $781,061 from the Measure M Turnback fund balance to Account No. 7281- C5100832. DISCUSSION: At 10:00 a.m. on June 14, 2006 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low All American Asphalt $1,061,061 2 R.J. Noble Company $1,197,196 3 Elite Bobcat Service, Inc. $1,221,640 4 Excel Paving Company $1,257,385 The low total bid amount is 8.2 percent above the Engineer's Estimate of $980,700. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. All American Asphalt has satisfactorily completed similar projects for the City and other municipalities. The project involves cold milling and overlaying the existing pavement, removing and replacing concrete curb and gutters, sidewalks, curb access ramps, driveway approaches, drainage inlets, landscaping, and stamped concrete. It also involves adjusting manhole frame and covers and water valve frame and covers to grade, replacing traffic signal detector loops, and installing pavement striping, markings, and markers. Per the Contract Specifications the Contractor will have 45 consecutive working days to complete the work. In addition to the contract costs, $20,000 in geotechnical and material testing services is estimated for this project. Jamboree Road Rehabilitation from San Joaquin Hills Road to Ford Road — Award of Contract No. 3826 June 27, 2008 Page: 2 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. 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 advised by the contractor with City prepared notices ten days and two days prior to starting work in their area. Fundina Availabilitv: The City is eligible to receive a $400,000 reimbursement from the Arterial Highway Rehabilitation Program (AHRP) for this project, which was originally scheduled for Fiscal Year 2006 -2007. Corona del Mar High School requested that the City accelerate the schedule and complete this project by September 2006 in concert with lengthening the northbound left turn lane at Eastbluff Drive. The Orange County Transportation Authority (OCTA) approved the City's request to move the funds for this project into this fiscal year. The remaining $781,061 would become appropriated upon approval of the recommended Budget Amendment. Sufficient funds will be available in the following accounts for the project: Account Description Account Number Amount AHRP 7285- C5100832 $400,000 Measure M Turnback 7281- C5100832 $781,061 Total: $1,181,061 Proposed uses are as follows: Vendor Purpose Amount All American Asphalt Construction Contract $1,061,061 TBD Contingency $100,000 On -call consultant Geotechnical and Testing $20,000 Total: $1,181,061 Prepared by: /j Submitted b Andy Tran, P.E. S en adum Associate Civil Engineer ublic rks Director Attachments: Project Location Map Bid Summary Budget Amendment U Q MW W O CL W Z LL O -J Z W a LU 0 Y U J m CL ZW Urc Q 4 O U > > 9 J G 0 m Y W g� Q a uo �q iA a� 0 N i Z 0 'm u m O 0 x rc rc w e x LL 000 0 0 00000000000 0 0 0 0 0 0 0 0 0 0 0 c4i 000000 0 0 0 0 0 0 000 0 0 4 0 0 C 0 O o O cdddddd O O O O m 0 gO 0000do O N N O O dd0 0 0 0 c SRI mm�0 Nome v1 �i �[1 Nora o W M oom O�na N N OI tD m O N 61 N O {7 N N t0 6 �- YO th fV N N NN rW MN N N N� N �NN � N °DOO °oS °4 °4 °0 °0 °4 °4 °0 °0 °0 °0 °o °o °op88888Q m UOOOO UOON WN �AaWD OWI taOM Or Or t4�]S� OS mN NHOON MO00 r= O 19W Vi 1A f9 f9 IA t9 NfAMN NNGtyV HiNEO N w jNN l tW'1 N— l9 N� 0 O 0 O 0 O 0 O 0 O 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O.O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O H OO OO OO OO OO 00000000000 000 001II YJ O' OO t000 00 1p 4 Q O�fiN'-f�'>�aDN W f�lN ONNONOf NON(00 N 0W h mN 1� EO �NN ll�� m N'- NN N NI9�MN � M O m NNN W mN � Nf9 W N N19� NN NN�-MN N� W U � m n 0000 oN0m00o o o 0 o o o o o a o o o o o 000 Z N O O O O N N O r O 0 0 0 m O O m O O m O 0 0 0 m 0 0 0 0 OU S 000 W ON �N[1 W tW7N ww OOtM�I IWmS00 NN NNNN Nf9 NO W N NN Oi Of f9N OON ~c4imN� pOO O NNNN NWMN N 19N � N O 0000000000000000o00ooa000000 O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 2 � 01 -' N �m�N N MNmr OON000060 W ONeaNmmOm00Me60m r o00000N 60m06m m�-m m t0 O N �NNN Mm F».-N NNfA NrrarN �-NNNN NNNNmNNN�inN�.- N IA N� m O Q Q N N N QQ U� SO((.a.�� mM�Q �n ?N fOV O 6N OO �SN6O�N SfeDS >� — U m ZNNN w.- � N 0400000000g00000000000000000 0000000000 00000000000000000 0 0 Zococ000dcoocc000coocoocoocoo 0 m Z o E >oo0oeoom U CWf•h vv = M eNOWrOeromOMmo N ONNN NN 1n 16 if7 C Or rnooN W OOO r O ' NN NNNN�- W� N NNmN N N NN m W Q NN N ti m F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 4 0 0 4 0 0 0 0 0 0 0 m m 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 'm Q 000Om oo4oNN GCS nWeNNMNOMNONOOOO�rooO to Nl N NuICO C 00000000 N 000 C U OO 00 �NNNN (9NON� O W M N N(9N 00 N W w H ONVO ui Nvi NN�tN NGO �D W Z MN N N N N N N N e N N D J J J H *N* N J W J W W W W W W J J co ? 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'2! ,26C 2c 2�Qj 2N W.� m a cw2a ; p?; — m a m 0820000,00 F U= U Ul? 2 0 K S Jm ¢ F �NMeNmrmm�O �-NMe mmr W OfNNNNNNNNN g� Q a uo �q iA a� 0 N i Z 0 'm u m O 0 x rc rc w e x LL v w rc �� E z z pwQ E r w W �OZK 0ww 9 Q i- � °o � U W o Q 0 v w rc �� E z z pwQ E r w W �OZK 0ww 9 z 6 OQo � U O ~ U W o Q m ryW ry W a m �a LU a 0 WY W Z L O U U � 0 0 CL m OO N J a m o y o atgmc O O w Q v w rc �� E z z pwQ E r w W �OZK 0ww 9 GI N t7` m m a 0000000000000000000000000000 0000000000000000000000bo0obo 0 0 OO OOOOGGGGG OOGG OOG OOG N GGOGOOOOOO OO OO N C w L b O O O O O O N m M O m O O O m O O O I n O e O O m 4D If1 A O N O Q I A m m O f m N m 1 p cq t p 0 O 0 N N M e m 0 m 0 O 0 e m M E Omew�Oe = ��mvmiNwmwm n»wvmi�w °M �inw�N� O fA IA W f9 fA (9 r M bi r !9 f9 f9 f9 r uni N U Q m c > w N 0000m OObon m000000000bob 000in00000000mob0000oob 000 0000000 CL y U U G O G b G O O O N 1 f9 G f9 O it t 7 n G m N Ip N e N O p f9 GOO m O rM U I n G m 10 !9 0 M 0 � 0 O 0 O N � G e O 0 G 0 G 0 t w ~MOM»°r 000 m IA ViW l9 H,A MN I(Im mm w�Gw vi N vs m0 ij �w e a w w� S Ci 0 0 000boob00000000bbbb000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 �- GGGGGGGGGGGGGGGGGGGGGGGGGGG G y ?$g0000bb00000moom00000000000 0 E OvM mui� °�Nvi� °m n m°en ��»m» °w °e6 ¢ vppippwwwva�N�sv ui di ei »mn4»w en en »mN ww W w d~ ppa O O b O O N 0 0 Ob 0 0 0 0 0 0 0 0 0 0 06 0 0 0 0 0 0 0 0 C m O G o G owvie a D G G n t M m C) eNenMmoMmoenobob h V] h O G O O G O) O O O O G N n C 000 C G W w F O m 000 mO C f9 bi tl3 f9 t9 !9190 Yf t9� �V) O m ��e- M N N of B 00 O O m t0 W Z Vl�di� df d! di d3 N�e�bi Z JJJJNf 1>- W Wow F1-JJILL/1 (LLAJ W NJ WNW W W W m 0 .- H m O M m m m M O M m N 7 Q d j d Ur f C O o coo p 0 y a U 0 8 m U m ro~ d N a`l O U w Z w Z a O Gp� C 0 O i N U U m O 9 w a " m E p t- m m `c NQQ UK (.5 ° `�° Lofj E o U C L Lm 'e Q o p ELL om TOE J C j im:J O 2 U Q y C LL H �Qj m eG Q 0 p E y1U UQ y a) y c�3n o - °aa CL Ci cE: mQ ow 3 aci m�cv c ww ci mm aic �� cgawmao E mm c y °m w H - par`5 mm�V O Y V NE Ew � a m 2E v m e - m Ow E E 0 ` &7, m� ySwZN aau UQ �c•E �E �3» px Uuy -S ¢ aYU c E w c u -u w'm m It o c- Sma U ? yw 'RIr i F o• mcO Uocp�a =d _ O w C O pw w0 � n V =t 2 P p c N N c E E j w c c" c 9 2 2 E$ 6 E Nc - a NU 0 UU a'w w p V H 0 3 58 U K w 2d'K U W. GI N t7` m m a CW of Newport Beacio NO. BA- 06BA -082. BUDGET AMENDMENT 2005 -06 AMOUNT: $1,181,OS1.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations for the award of contract # 3826 for the Jamboree Road rehabilitation from San Joaauin Hils Road to Ford Road. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 280 3605 Measure M Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account Description 285 4880 AHRP Fund - Federal Highway Funds EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit $781,061.00 $400,000.00 $781,061.00 $400,000.00 Automatic System Entry. Signed: Fina ci I Approval: Administrative Services Director D to iP Signed: A.tt>�_� . r Administrative Approval: City Manager Datef Signed: City Council Approval: City Clerk Date Description Division Number 7281 Measure M- Turnback Account Number C5100832 Marn Ave Pavement Rehabilitation Division Number 7285 AHRP Account Number C5100832 Mam Ave Pavement Rehabilitation Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $781,061.00 $400,000.00 $781,061.00 $400,000.00 Automatic System Entry. Signed: Fina ci I Approval: Administrative Services Director D to iP Signed: A.tt>�_� . r Administrative Approval: City Manager Datef Signed: City Council Approval: City Clerk Date