HomeMy WebLinkAboutC-3869 - Superior Avenue RehabilitationJune 10, 2009
Mr. Robert Bradley, Vice President
All American Asphalt
P. O. Box 2229
Corona, CA 92878
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
Subject: Superior Avenue Rehabilitation (C-3869)
Dear Mr. Bradley:
On June 10, 2008, the City Council of Newport Beach accepted the work for subject
project and authorized the City Clerk to file a Notice of Completion, to release the
Labor & Materials Bond 35 days after the Notice of Completion had been recorded
in accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Labor & Materials Bond was released on July 29, 2008. Enclosed is the Faithful
Performance Bond. The Surety for the contract is Fidelity and Deposit Company of
Maryland and the Bond Number is 089-03-435.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport=beach. ca. us
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERItJR AVENUE REHABILITATION ED IN FOUR (4) PARTS
EXE
L;U
CONTRACT NO- 311611
BOND NO.
089 03 435
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 3 6 thousand of the Contract price.
being at the rate of $ 4.25
of Newport Beach, State of California,
by motion
WHEREAS, the City Council of the City
the
adopted, awarded to ALL AMERICAN ASPHALT, hereinafterITATtON, Contract No. 3869 in the
contract for construction of SUPERIOR AVENUI REHA specifications, and other
with the pians, drawings, of Newport Beach, all
City of Newport Beach, in strict cOnforr nt of the City
Contract Documents matl rte n by hes reference"*.'
DepartFn�
of which are incorporate -
S principal has executed or is about to execute'Contract No. 3869 and the
WHEREAS',
terms thereof require the furnishing of a Bond for the faithful performance of the Contras
NOW, THEREFORE, we, the Principal,_and to the City of Newport
duly authorized to transact business boundtun Paws of the State of
hereinafter "Surety`}, are held and firmly Two and
California as Surety ( Two Thousand, Eight Hundred Sixty
Beach, in the sum of Eight t4uadred Slxty-
$862,862.00? lawful money of the United States of America, said sum being
001100 Dollars (ted amount of be paid to the City of Newport Beach,
ant well and truly to be severally, firmly ourselves,e, we bind these
equal to 1 Q4% and assignsa for which payment a Contract.
its successors, sow, or assigns, jointly
and heirs, executors and administrators, susses
present.
l, or the
THE CONDITION OF THIS OBLIGATION IS SUCH, that bide by,andand t my keep
fail to a
heirs, executors, administrators, successors, or assigns. on its part, n he kept and
n or all the work, covenants, �nditions, pand rovided agreements in the Contract
and perform any
Documents and any alteration thereof made as therein
Newport Beach,
d at he time and in the manner therein specifisave harmless
intent
he City spects according
Newp to its rue
performed will faithfully perform the
intent and meaning, or faits to indemnify, defend, Stipulated, then, Surety
its officers. employees and agents, as therein stip
same. in an amount not exceeding the sum specified in this Bond: otherwise this obligation shall
become null and void.
59
As a part of the obligation secured hereby, and in addition to the face amount specified in
this performance Bond, there shall be included costs only in the event the City ble es required to
s and fees,
including reasonable attorneys fees, incurred by the ty
bring an action in law or equity against Surety to enforce the obligations of this Bond• of time,
Surety, for value receivedstipulates tEnd gto the work trees that noo be performed thereunder or
change, extension
alterations or additions to the terms
of the Contract o
in any
on this Bond,
to the specifications accompanying the Same sang a extension no affect me$ alterations' Sor additions of
and
Contact orto the work orby waive ce of any such to hespecifications. change,
th
This Faithful Performance Bond shall be extended
a and
m ain aineofdthe Project b iby the pal in if ll
force and effect for one (1) year following the date of formal
In the event that the Principal executed this from s obligations s an Individual, 1undert is gthts Bond reed that the
death of any such Principal shall not exonerate the Surety
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety abav@ named, n the r. h _day of
zvi, " 16.- -
ALL AMERICAN ASPHAt T Prinapal)
FIDELITY AND DEPOSIT COMPANY
OF MARYLA
Name of Surety
801 NO. BRAND BLVD
GLENDALE, CA. 91203
Address of Surety
SURETY: 818-409-2800
AGENT: 714-935-1112
Telephone
Ell Rh T
Print Mame and Title
NOTARY ACKNOWLE13GMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
M.
CALIFORNIA ' •ACKNOWLEDGMENT
State of California
County of 1'�l vee ::>(
On . , t rr� CXR } before me,
personally appeared
Here In ert Name
-�and
dTitle of the Officer
Name(s) of Signer(s) I
who proved to me on the basis of satisfactory evidence to
be the person($) -whose name(T4 is/a"ubscribed to the
within instrument and acknowledged to me that
BRENDA L. ROYSTER he/stittA4ey executed the same in his/ha{thgir authorized
Commission # 1700922 capacity(bft}, and that by his/he *hair signature(+) -on the
Z ,•� Notary Public - California
Riverside County + instrument the person(*,or the entity uponon behalf of
MyComm.EVilesOct26,2010
which the person(%) -acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hpnd and official seal. 14
Si nature
Place Notary Seal Above g Signatur of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: FAI R,r � C5
Document Date: L �, Number of Pages:
Signer(s) Other Than Named Above: ®cvei, %'f
Capacity(ies) Claimed by Signer(s)
Signer's Name: in 6W Signer's Name:
❑ Individual Cl Individual
fd' Corporate Officer — Title(s):yt Ce Pt L ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ Ggneral _
❑ Attorney in Fact ❑ Attorney in Fact •.
❑ Trustee 7�7
❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Copse'rvator
❑ Other: ❑ Other:
Signer Is Representing: Signer Representing:
14 U t
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of __ORANGE
On 12-19-07
0
before me, BARBARA J. BENDER NOTARY PUBLIC
t4W* idraeaoe K(a4 eft Oft W"PubW)
Personally appealed Own M_ RROM N -em of Strom I
BAR IZAJ. BENDER
Commission # 1494946
NowyPubiic
Orange County
Mycomm. ExPION Jut 13.2008
California
to be the person(s) whose name(*) iskAw
subscribed to the within instrument and
acknowledged to me thathely executed
the same in hisAQiMw r authorized
capacky(im), and that by his/hloffiit►
signature(i) on the instrument the person(p), or
the s
,ptMf upon behalf of which the person(e)
act , e ecuted the instrument.
n
OP77ONAL
Though the k*mWm below is not required by law, it meyprovs vahraWe to persons relyfrrg on go docuawd and ootid prevent
fraudulent removal and sent of ft farm to anotherdoclunent
Description of Attached Document
Tide or Type of Document: PERFORMANCE BOND NO 089 03 435
Document Date: 1-8-08
Number of Pages: TWO (2 )
Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT
Capacity(les) Claimed by Signer
Signer's Name: OWEN M. BROWN
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
2fijXAttoniey4n-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing: FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
nIGH.T TH!, BPRNT
US : 3 ER
•w.••..•—.....oY--w wDMAVIL.KV, poo WW-UWftWftGAY1313-M•wawjWMukwbYAO Prod. lb.Si07 PMdM CdToffm1.0004784M
CTT""T OF NEWPORT BEACP
bUSINESS TAX CERTIFICATE
THIS TAX PAYMENT EXPIRES:
04/30/2008 ACCOUNT NUMBER: BT00007128
OWNER/PRINCIPAL NAME:
ERVICE ADDRESS: ALL AMERICAN ASPHALT
L AMERICAN ASPHALT
00 E 6TH ST OWNERSHIP TYPE:
CORONA CA 92878 CORPORATION
BUSINESS CATEGORY: TAX INCLUDES PAYMENT FOR:
HIGHWAY & STREET CONSTRUCTION 1.00 EMPLOYEES
SELLERS PERMIT:'
NO SELLERS PERMIT DATE OF ISSUE: 05/02/1980
PRINT DATE: 04/26/2007
July 29, 2008
All American Asphalt
P.O. Box 2229
Corona, CA 92878
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
Subject: Superior Ave Street Rehabilitation (C-3869)
To Whom It May Concern:
On June 10, 2008, 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
June 24, 2008, Reference No. 2008000301474. The Surety for the contract is
Fidelity and Deposit Company and the bond number is 089 03 435. Enclosed is
the Labor & Materials Payment Bond.
Sincerely,
r
LaVonne M. Harkless, MMC
City Clerk
encl.
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca.us
CITY OF
PUBLIC WORKS DEPARTMENT
$UpERIOR AVENUE REHABILITA gQNED IN FOUR (4) PARTS
EX
CONTRACT NO. 1869
BOND NO. nQ�4__435
t,-AQOR AND MATERP 1ALS PAYMENT BOND b motion
ort Beach, State of California, Y
WHEREAS, the City Council of the City Ne`^�p Contract he 3869 in the
adopted, has awarded
to ALL AMERICAN ASPHALT, hereinaft designated as the "Rrincipal. a
with the pians, drawings, specifications and other
contract for construction of SUPERIOR frmityNUE REHABILITATION'f the City of Newport Beach,
City of Newport Beach, In strict artmet o
Contract Documents in the office of the PubferWor s Dep
all of which are incorporated herein by 3869 and the
�f Principal -or any of Principal's
WHEREAS,. Principal has executed ones ao�� ate Contract °' in, upon,
of a bo t. Providing,,,:or other supplies used
terms thereof require the furnishing any materials, pravisions, work or labor done
subcontractors, shall fall to payor for any
for, or about the performance of the
d vA�i pay mbe
ga a to the extent hereinafter set forth:
thereon of any kind, the Surety on t undersigned gned Principal, and,
the THEREFORE, duly authorized to transact
NOW.
FID 11, 1,32 1oma, as Surety, (referred to herein as "Suretyp) are
of New Beach, in he sum of Eight Hundred Sixty -Two
business under the taws of the State of
held firmly bound unto- the City Two and 00!100 Dollars (S862,862,00) lawful money by the
Thousand, Eight Hundred Stxty' equal to 10(l% of the estimated amount payable
United States of America, said sure being eq
payment well and truly to be
City of Newport Beach under the terms of the Contract; for which our heirs, executors and administrators. successors, or assigns, jointly
made, we bind ourselves,
es
and severally. firmly y these present.
if the
al or the
OF THIS OBLIGATION IS SUCH, that other supplies, implements aor
THE CONDITIONa for any materials,. provisions, or
subcontractors, fall to P Y erformance of the work contra►eted to be done, or for
machinery used in, upon, for, or at?out the p
any other work
or labor thereon of any kind, or for for nadue
ants required to be deducted,
ent bevelopment Qepartment. from the wages of
insurance Code with respect to such work or labor. or
withheld and paid over to .the Employment rsuant to Section 13020 of the Unemployment
employees of the Principal and subcontractors Pu also, r case suit is brought to enforce
Code with respect to such work and labor, then the Surety Will pay for the same, m an
Insurance Co specified in this Bond, a
amount not exceeding the sum sp s fee, to be fixed by the Court as required by
the obligations of this Bo32�a off he Civil Code of tasonable he State of California.
the Provisions of Section
57
and
persons, companies
The Bond shall inure to the benefit of any 1 forn a lCivil Code o as to give right of tction
entitled to file claims under Section 3181
of the Ca wired b and m accordance with
is
the provisions of Sectio
to them or their assignsns 3247 ett seq of theoC v'hCodenof trein any suibrought quired
of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
erformed
time, alterations or additions to the terrns of the
Contract rany w e affect its obligations on
to the work to be p
thereunder or the specifications accompanying the same shat in
this Bond, and it does hereby waive notice of work
such {h pe, extension
of time, alterations or
additions to the terms of the Contract or to the
nd
vidual
In the event that any principal above named
executed
' tst obligations
agreed that the death of any such principal shall not exonerate the Surety from
under this Bund.
IN WITNESS WHEREOF, this instrument
enNUAR been__—duty X2A0$d by the above named
Principal and Surety, on the _ 8th day of
ce
ALL AMERICAN ASPHALT (Pnnapat)
FIDELITY AND DEPOSIT COMPANY
F MAR L
Name of Surety
801 NO. BRAND BLVD
GLENDALE CA. 91203
,Address of Surety
SURETY; 818-409-280.0
AGENT : 7.14-9 35 1112
Telephone
OWEN M. BROWN, ATTORNEY-IN-FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
58
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Dt]'-
On � � % �6 ) V before me,
Date
personally appeared
hVIT
BRENDA L. ROYSTER
Commission # 1700922
Z -t� Notary Public - California Z
= Riverside County '
MVCanxn.6Pires0ct26.2010 +
-_fj
I
who proved to me on the basis of satisfactory evidence to
be the person(p--whose name(,%)-is/aqe-subscribed to the
within instrument and acknowledged to me that
he/sheA hey executed the same in his/hwAbeir authorized
capacity(ir s), and that by his/hbt tkteir signature(t; )-on the
instrument the person(4); or the entity upon behalf of
which the person (*)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my , and and official seal.
'=
- fig
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: ikuu fkb" Sj , -)O0
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ry &A -ace -V Signer's Name:
❑ Individual �) ❑ Individual
�v
42, -Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General _ _ ❑ Partner —ZFact
❑ Attorney in Fact =thumb❑Attorney i❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian
❑ Other: ❑ Other:
Signr Is Represent T Signer Representing:
_ P�LcAN
ral
RIGHTTHUMBPRINT
OF SIGNER
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNolaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALUPURPOSE ACKNOWLEDGMENT
State of California
ss.
County of __ORANGE
On 12-19-07 before me, BARBARA J. BENDER, NOTARY PUBLIC
DOM NNW 8WAft dO6nr(e.9. Von Oft Nd" RMn
Personally appeared QUIEN M _ RROM
r
.. a(mici
RR: i-:�: i 'SY'1:►: i :�'� Aa't'�;r� �;3:F:?.�'�:i.,�.
to be the person(s) whose name(e) is/1p
subscribed to the within instrument and
ad(nowledged to me that he/dMW* executed
the same in hisAWN-Wair authorized
capacity(is), and that by hisillojOBW
stgnatur*) on the instrument the person(p), or
Me �riti�t r upon behalf of which the person(p)
a ec uted the instrument.
OPTIONAL
ThoWh dw LdOrrrx0on below Is not regi~ by roc it MY prove vakOW b persrons m&ft on ale dDWaN u and M& POWN
haudf*W remove! and manwhoww o/ this k+m to awtw obcunmi
Description of Attached Document
TMe or Type of Document: PAYMENT BOND NO. 089 03 435
Document Date: 1-8--_O8 Number of Pages: TWO (2 )
Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT
CapacMbs) Claimed by Signer
Signer's Name: OWEN M. BROWN
❑ I Kfnriduai
❑ Corporate Officer — Thws):
❑ Partner -- ❑ Limited ❑ General
►ttomey-in-Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other. -
Sgwr is Representing: FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
111=11 . KI eax ZM • GUN� CA 91$13Q40@ • MwMwMwft*" Prod. Nu. X07 AM". cw To"=1400476 my
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, 4 are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h e , cfcs by nominate, constitute
and appoint Owen M. BROWN, of Anaheim, California, its true and I oract, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act al takings, and the
execution of such bonds or undertakings in pursuan o r s, s o pori said Company, as fully and
amply, to all intents and purposes, as if th xeg a ged by the regularly elected officers of
the Company at its office in Bal ' rOrguar heir r- er This power of attorney revokes that issued on
behalf of Owen M. BIZO �at vcL «l Qp
The said Assistant 'SE
Section 2, of the By -
IN WITNESS W
affixed the Corporate
December, A.D. 2004.
ATTEST:
to DfPps�
f• t
_ p O
IfA ?
4'wa\,rte
;0-d ohat the extract set forth on the reverse side hereof is a true copy of Article VI,
, and is now in force.
ZrOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
State of Maryland i ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Eric D. Barnes Assistant Secretary
M.
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.
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA -F 012-4160
9"'
i o:•••, .
'ed4
�Iff1l'It\```
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA -F 012-4160
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and 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 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 8t -h day of JAMTARY , �O�S
Assistant Secretan•
t.
f�% 1
_ Recorded in Official Records, Orange county
RECORDING REQUESTED rBY AND ` �' VrOM Daly, clerk -Recorder
WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII������tIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
200800030147411.00am 061
City Clerk _ as N12 24/08
City of Newport Beach - 0.00 0.00 0.00 0.00 o.00 o.00 o.00 o.oa
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
r�
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona,
California, as Contractor, entered into a Contract on January 8, 2008. Said Contract set
forth certain improvements, as follows:
Superior Avenue Rehabilitation (C-3869)
Work on said Contract was completed, and was found to be acceptable on
,June. 10, 2008, by the City Council. Title to said property is vested in [he Owner, and the
Surety for said Contract is Fidelity and Deposit Company of Ma Ir and.
Works Director
Newport Beach
VERIFICATION
certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on _C) a.00� , at Newport Beach, California.
BY
City Clerk
June 12, 2008
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
RE: 1) Notice of Completion for Superior Avenue Street Rehabilitation (C-3869)
2) Memorandum Providing Notice of the Effective Date for Development
Agreement No. DA2007-002
Please record the enclosed documents and return them to the City Clerk's office.
Thank you.
Sincerely,
LaVonne M. Harkless, MMC
City Clerk
Enclosures
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
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
June 10, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran
949 - 644 -3315 or atran @city.newport- beach.ca.us
SUBJECT: Superior Avenue Rehabilitation — Completion and Acceptance of
Contract No. 3869
Recommendations:
1. Accept the completed contract work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the Labor and Materials bond 35 days after
the Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code.
4. Release the Faithful Performance Bond 1 year after Council acceptance.
Discussion:
On January 8, 2008, the City Council authorized the award of the Superior Avenue
Rehabilitation project to All American Asphalt. The contract provided for the removal
and reconstruction of deteriorated concrete curb and gutter, sidewalk, curb access
ramps and driveway approaches. The project also involved grinding and overlaying the
asphalt pavement on Superior Avenue from Coast Highway to the northern City limit
just south of 16"' Street. The contract has now been completed to the satisfaction of
the Public Works Department. A summary of the contract cost is as follows:
Original bid amount: $862,862.00
Actual amount of bid items constructed: $728,925.58
Total amount of change orders: - $509.00
Final contract cost: $728,416.58
The decrease in the amount of actual bid items constructed over the original bid
amount resulted from a decrease in the amount of needed asphalt concrete. The final
overall construction cost including one change order was 15 percent below the original
Superior Avenue Median Improvements - Completion and Acceptance of Contract No. 3794
June 10, 2008
Page 2
bid amount. The one change order was a credit for not installing thermoplastic striping
at the north end of the project. Thermoplastic striping was removed from the contract in
anticipation of the Hoag Hospital traffic signal project, which will include final
thermoplastic striping at this location.
In addition to the primary construction contract, this project involved other project
expenses. Total project expenses are summarized as follows:
Construction $728,416.58
Surveying Services — Walden and Associates $16,500.00
Material Testing — Harrington Geotechnical $4,334.50
Construction Inspection $1,902.60
Incidentals $413.35
Total Project Cost $751,567.03
Environmental Review:
The project was determined to be exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines at the time
the project was authorized by the City Council. This exemption covers the repair,
maintenance and minor alteration of existing public facilities with negligible expansion.
Funding Availability:
Funds for the construction contract were expended from the following accounts:
Account Description
Gas Tax
AHRP Grant Funds
Account Number
7181- C5100927
7285- C5100927
Amount
$367,158.29
$361,258.29
Total: $728,416.58
The original completion date was April 21, 2008. All work was substantially completed
by this date.
Preparedd
0 by:
(Ah �)
Andy Tran
-rc Senior Civil Engineer
Submitted by:
Badum .
s Director
t CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
CITY CLERK
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663
until 10:00 a.m. on the 131h day of December, 2007,
at which time such bids shall be opened and read for
SUPERIOR AVENUE REHABILITATION
Title of Project
STPL -5151 (023)
Contract No. 3869
$ 973,600
Engineer's Estimate
by
!phen G. Badum
is Works Director
PLAN HOLDER LIST AVAILABLE
ON CITY WEBSITE
httP7//www.citv.newoort-
beach.ca.us
CLICK:
• Online Services
• Public Works Contracts Bidding
Prospective bidders i ay obtain one set of bid documents for $25.00
at the office of the Public Works Department, 3300 Newport
Boulevard, Newport Beach, CA 92663
Contractor License Classification required for this project: "A"
For further information, call Andy Tran, Project Manager at(949)644-3315
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
TABLE OF CONTENTS
NOTICE INVITING BIDS ..................................................................... ...............................
Cover
INSTRUCTIONSTO BIDDERS ..................................:................................ ..............................3
BIDDER'S BOND .......................................................................................... ..............................5
DESIGNATION OF SUBCONTRACTOR( S) ................................................. ..............................6
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ......................... ..............................7
PUBLICCONTRACT CODE ......................................................................... ..............................8
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .................... ..............................8
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ............... ..............................8
PUBLIC CONTRACT CODE 10232 STATEMENT ....................................... ..............................9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ......................... .............................10
NON - COLLUSION AFFIDAVIT .................................................................... .............................14
DESIGNATION OF SURETIES ................................................................... ..........................
....15
CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ..............16
ACKNOWLEDGEMENT OF ADDENDA ...................................................... .............................18
INFORMATON REQUIRED OF BIDDER ..................................................... .............................19
DEBARMENT AND SUSPENSION CERTIFICATION ................................. .............................22
NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS ...... .............................23
DISCLOSURE OF LOBBYING ACTIVITIES ................................................ .............................24
INSTRUCTIONS FOR COMPLETION OF SF -LLL,
DISCLOSURE OF LOBBYING ACTIVITIES ................................................ .............................25
LOCAL AGENCY BIDDER - DBE (CONSTRUCTION CONTRACTS) - INFORMATION ..........26
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ............... .............................27
SECTION 2 -1.01 GENERAL ....................................................................... .............................27
SECTION 2 -1.015 FEDERAL LOBBYING RESTRICTIONS ....................... .............................27
SECTION 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE) .... .............................28
SECTION 2 -1.03 DBE AVAILABILITY ADVISORY ..................................... .............................30
FEDERAL MINIMUM WAGE RATES ........................................................... .............................31
NOTICE TO SUCCESSFUL BIDDER ......................................................... .............................50
CONTRACT.............................................................................................. ...............................
51
LABOR AND MATERIALS PAYMENT BOND .............................................. .............................57
FAITHFUL PERFORMANCE BOND ............................................................ .............................59
FEDERAL REQUIREMENTS .................................................. ............................... FR -1 to FR -14
PROPOSAL........................................................................................... ...............................
PR -1
SPECIALPROVISIONS ........................................................................ ...............................
SP -1
2
CITY OF NEWPORT BEACH
PUBLIC, WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
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
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL .
ISSUED BY AGENCY PRIOR TO
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.
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
securities shall be deposited in a state or federal chartered bank in California, as the escrow
agent.
This is a federally assisted construction contract and the higher of State of California or
Federal prevailing wages must be paid to all workman employed on this project. Federal
and State.of California labor standards provisions, including prevailing wage requirements
of the Davis -Bacon and Related Acts, will be enforced. The current Federal and State
prevailing wage rates under which the work is to be done is attached hereto and is available
at the Public Works Department, 3300 Newport Blvd.,. Newport Beach, CA 92658: Updates
to the general prevailing wage rates are available at web sites set forth in this section and
shall be reviewed by the Contractor prior to submitting a bid for the work. In the event of a
conflict between the Federal General Wage Decision as established by the United States
Department of Labor (available at www. access .gpo.gov /davisbacon /ca.htm]) and the State
General Prevailing Wage Determination as established by the California Department of
Industrial Relations (available at http: / /www.dir.ca.gov /DLSR/PWD /index.htm), the higher of
the two will prevail. Lower State wage rates for work classifications not specifically included
in the Federal wage decision are not acceptable. This includes "helper" (or other
classifications based on hours of experience) or any other classification not appearing in the
Federal wage decision.
Please mote that pursuant to. applicable provisions of the Labor Code of the State of
California and the Davis Bacon Act, not less than the general prevailing rate of per diem
wages including legal holidays, and overtime work for each craft or type of workman needed
to execute the work contemplated under this agreement, shall be paid to all workmen
employed on the work to be done according to this contract by the Contractor or any
Subcontractor, and shall be deemed to include employer. payments for health and welfare,
pension, vacation and similar. purposes. The Contractor shall be required to post at the job
site the prevailing rate per diem wages.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 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.
acB� 0�3
Contractor's License No. & Classification
Miami►� % 1
BON 0. 085 97 423
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executorsr heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum TEN PERCENT to be paid and forfeited to the City
IN----------- Dollars ($ ),
of Newport !_leach if the bid proposal of the undersigned Principal for the construction of
SUPERIOR AVENUE REHABILITATION, Contract No. 3869 in the City of Newport Beach, is
accepted by the City Council of the City of Newport Beach and the proposed contract is
ded to the Principal, and the Principal faits to execute the Contract Documents in the
award required bonds, and original Insurance certificates -and
form(s) prescribed, including
endorsements for the construction of the project within thirty, (30) calendar days after the date
erwise this obligation shall become null and void.
of the mailing of "Notification of Award", oth
If the undersigned Principe! executinPrincipg thisal shallnd is notexecuting
axonethis
rate Bo
Surety fromnd as an u is
it is agreed that the death of any such p
obligations under this Bond.
Witness our hands this 29 th day of NovEM , 20"- 2007
ALL AMERICAN ASPHALT
Name of Contractor (Principal)
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND _
Name of Surety
801 NO. BRAND BLVD
GLENDALE, CAD 91203
Address of Surety
SURETY: 818-409-2800
AGENT: 714-935-1112
Telephone
OWEN M. BROWN, ATTORNEY-IN-FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
BID DATE: DECEMBER 13, 2007
5
Peer,
CALIFORNIA ALL-PURPOSE ACK—MLEDGMENT
State of California
County of Riverside ss.
On December 12, 2007 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley
Name(eof Signer( -
BRENDA L. ROYITER
Commission # 1700922
:-d Notary Public - California
= Riverside County
NyCormi, EVkwOct26,2010
OPTIONAL
X personally known to me
_ is of
s
to be the person("hose name(*J-
is/atesubscribed to the within instrument
and acknowledged to me that he/sheer
executed the same in his/he;At a authorized
capacity(iillaj-and that by his/ham
signature(i4-en the instrument the person(*�-
or, the entity upon behalf of which the person(*} -
acted, executed the instrument.
WIT SS my hand d o icial al, 10
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Bid Bond - City of Newport Beach
Document Date: November 29, 2007
Number of Pages: 3
Signer(*-} Other Than Named Above: Owen M. Brown, Attorney -In -Fact
Signer's Name:
Individual
XCorporate Officer Title( Vice -President
_Partner- Limited _General
_Attorney -in -Fact
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
Top of thumb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
On 11-29-07 before me,
e
Oats wm.aneTr.aotiox(, ;twoa Notify
Personally OWN M. BROW w.s.�tds b
ay
BARBARA J. BENDERCommission # 1494946Notary Public - California
Orange County Comm. ExpiresJul 13, 2008
MRMp—t
OOpI11R01I01M
ifloMn rAft-CMode
#*ft= .1gwM
to be the person(o) whose name(*) isL
subscribed to the within instrument and
acknowledged to me that he/ditry executed
the same in hisAvoilloir authorized
capacity(ie), and that by hist
sigt> &xe(i* on the instrument the person(), or
the�P on behalf of which the person(*)
acted, executed the Instrument. n
OPITONAL
Though the kdw"a#0n below is not mquked by law, R may preue vakwWe to perwro relying on Ute douammt end cmW prevent
fimrdulent removal and recta ftwit of d* form to another document.
Description of Attached Document
Title or Type of Document:
BID BOND
Document Dade: 11-29-07
Signers) Other Than Named Above: ALL AMERICAN ASPHALT
CapadWles) Claimed by Signer
Signer's Name• OWEN M. BROWN
❑ Individual
❑ Corporate Oft" — TWO _
❑ Partner — ❑ Umited ❑ General
2q?pAttomey4n-Fact
❑ Trustee
❑ Guardian or Conservator
■ e^
Number of Pages:, _ .
Signer is Representing: FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
O 1998 Nage nl Mofary AzwdAm - 9990 Ds Soto Ave.. P.Q. Box 2402.17mMwa t CA9131SOM -wwwn2ftWdWtWAX8 Pwd. W 5907 Raider. Ce9To114me 140087"OV
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 V1, Section 2, of the By -Laws of said Company, are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date by nominate, constitute
and appoint Owen M. BROWN, of Anaheim, California, its true and o act, to make, execute,
seat and deliver, for, and on its behalf as surety, and as its act a kings, and the
execution of such bonds or undertakings in pursuan o s on said Company, as fully and
amply, to all intents and purposes, as if xe i! ged by the regularly elected officers of
the Company at its office in Bal ' r6 heir r r is power of attorney revokes that issued on
behalf of Owen M. at y
The sa d Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- any, and is now in force.
IN WITNESS W R OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
December, A.D. 2004.
►YU—N *-�
'in ocrosr
P tnY 4
�4
State of Maryland l ss:
City of Baltimore J
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Eric D. Barnes Assistant Secretary
By:
William J. Mills Vice President
On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding 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.
,:dead
Ix I
Y :........;A i
Y tilt t,.� r D ji(dl-'a
�d`[ Bbl l(•,.•F.
*�ri�I.LY:jn!N
V4111R�11
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA -F 012 -4160
0
• , J,
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 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 29th day of NOVEMBER 2007
Assistant Secretary
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Mr"n"W O25 nalhav4 in o.
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Address: 1400 American Lane
Phone: 847 -605 -6000
Schaumburg, IL 601964056
Fax: 847-605-61011
Web: www.zurichna com
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Rating: A(ExcelleM)
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ARliation Code: g (Group)
Outlook: Positive
Financial Size Category: XV ($2 Billion or greater)
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Outlook: Positive
Date: December 11, 2007
Action: Affirmed
Effective Date: December 11, 2007
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•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
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
%of
Number
Total Bid
Name:TYt>�i(i �h"o Enol,
Address: 3i �. L
2 mte.�a l Hwy
Z
Traki i c- cor jro l pla„g
1
(o q /d
T ,X? V 'la^ CA-
.
Phone: "liq- t1q-7- ub-1 7
State License Number:
Name: Cvhr,gv, (CWv PCL-
'Address: 83856 Deco oew
Fret,,%, - (�A.
Phone: X70- leSb - Z8 `�D
State License Number: 37 ¢110
Name: C, �.vW�ivEery"y
Address: ct31(f rfok%a ,1 Owit.
Suv, kvY et cam.
S`(
Phone: ta2ta- tjW-4111a'l
State License Number. 7&7_s 0
Bidder
M% t. -
+tr. nom:
L4- y�qg r{g3 t C ga
21
thonzedSignatulre/TitleAD WiFAW,
C[e�"� �-t •i y G
VP
0
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The
hereby certifies that he has ,has pet participated in a previous contract or
subcontract subject to the equal opportunity clauses, as required by Executive Orders
10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting
Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee
on Equal Employment Opportunity, all reports due under the applicable filling
requirements.
Note: The above certification is required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be
submitted by bidders and proposed subcontractors only in connection with
contracts and subcontracts which are subject to the equal opportunity clause.
Contracts and subcontracts which are exempt from the equal opportunity clause
are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of
$10,000 or under are exempt.)
Currently, Standard Form 100 (EEO -1) is the only report required by the
Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a
previous contract or subcontract subject to the Executive Orders and have not
filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the
award of contracts and subcontracts unless such contractor submits a report
covering the delinquent period or such other period specified by the Federal
Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
0 9
PUBLIC CONTRACT CODE.
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985),
the bidder hereby declares under penalty of perjury under the laws of the State. of
California that the bidder has has not ar 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 )r-
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
under penalty of perjury, that no more -than
of court by a federal court has been issued
immediately preceding two year period be
with an order of a federal court which orde
the National Labor Relations Board. -
Section 10232, the Contractor, hereby states
one final unappealable finding of contempt
against the Contractor within the
cause of the Contractor's failure to comply
rs the Contractor to comply with an order of
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
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidders Name Att #A iVGnN fisM &T
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
No. 1
Project Name /Number
Project Description
Approximate Construction
Agency Name
Contact Person
Telephone (
Original Contract Arfiount $ Final Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
W I A•
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.
I.ro
10
No. 2
Project Name /Number
Project Description
Approximate Construction Dates:
Agency Name _
Contact Person
Telephone ( )
Original Contract AmoLyfft $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
fit Pr
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name /Number
Project Description _
Approximate Construction
From
IJE)
To:
Agency Name
Contact Person Telephone ( )
Original Contra Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
NJA-
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.
lV iD
11
•
No. 4
,Project Name /Number
Project Description
Approximate Construction Dates:
Agency Name _
Contact Person
i
•
Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
U
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.
a
No. 5
Project Name/Number_
Project Description _
Approximate Construction
Agency Name _
Contact Person
Telephone ( )
Original Contra ,XAmount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
PJA-
Did you file any claims against the Agency? Did the Agency file any claims
against youlContractor? If yes, briefly explain and indicate outcome of claims.
,�.ra
12
No. 6
Project Name /Number
Project Description
Approximate Construction Dates:
Agency Name
Contact Person
To:
Telephone ( )
Original Contract AmoL(nt $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
►CIA-
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
No
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or o -site Construction Manager for the
Contractor. � � PR%E
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.
Bidder
13
0
"2007"
PAST WORK REFERENCES
E
City of Westminster Citywide Street Improvements
8200 Westminster Boulevard Contract Amount: $1,085,000.00
Westminster, CA 92683 Start: 11/2006
Contact: Theresa Tran, (714) 898 -3322 Ext. 282 Completed: 6/2007
City of Irvine
P.O. Box 19575
One Civic Center Plaza
Irvine CA 92606 -5208
Contact: Uyenly Bui, (949) 724 -7559
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Contact: Robert Luciano, (714) 765 -5286
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92376
Contact: Gary Voborsky, (949) 361 -6132
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Contact: Andy Tran, (714) 644 -3311
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Karim Varshochi, (714) 412 -2722
City of Tustin
300 Centennial Way
Tustin, CA 92630
Contact: Benny Tenkean, (714) 573 -3161
Jeronimo Road
Contract Amount: $649,000.00
Start: 3/2007
Completed: 5/2007
Weir Canyon
Contract Amount: $795,000.00
Start: 3/2007
Completed: 6/2007
North El Camino Real
Contract Amount: $1,400,000.00
Start: 4/2007
Completed: 6/2007
Citywide Street Improvements
Contract Amount: $1,392,000.00
Start: 1/2007
Completed: 5/2007
Seal Beach Boulevard
Contract Amount: $930,647.00
Start: 12/2006
Completed: 4/2007
Jamboree & Tustin Ranch Rod
Contract Amount: $2,700,000.00
Start: 11/2006
Completed: 4/2007
40
n
u
P.O. Box 2229, Corona, CA 92878 -2229
oug Harrington
1996— Present All American Asphalt Corona, CA
Consbutdion Manager
• Supervise construction activities for general engineering contractor.
• Manage grading, concrete, and paving operations for both public and private
work projects.
1990 -1996
Paving Superintendent
• Managed all paving operations.
• Responsible for organizing personnel, equipment and materials for paving
projects.
• Responsible for project acceptance.
• Handled customer inquiries and complaints.
1988 -1990
Foreman
• Managed daily operations for grading, concrete, paving and public works
projects.
• Responsible for quantity verification and contract changes.
1977 -1983 Industrial Asphalt/Hunt Mix Irwindale, CA
Operating Engineer
• Responsible for daily maintenance and operation of various heavy machinery.
Attended various educational classes relating to the construction industry
including:
Agtec Pointman Training (Non contact sensor grade control)
Asphalt Technology
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
NON - COLLUSION AFFIDAVIT
State of California )
p ) ss.
County of 4k-J )
being first duly sworn, deposes and says that he OF Sh is
VtC'& 4—&S( 6X T of A4t 0EMAX) &Pdk -r, the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his op-her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and. will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct.
A-LC Art�eC�.� �GffRLl ��
Bidder rutho�'riz Signature/Title ZoB %tA0(. lv
Subscribed
and
sworn to (C)Faffiff" before me on this lam day of �C�C.CX LVG :968'
by t`- ol7Ca`�? i T�Q•f� Q� ( personally known to me or- ��n
t to bete person F*j w�hp�o anppeeareddbeeffor�ee me./
Kam L. ROy1RER
Commiulon M 1700922 Notary Public
Notary Public - California
RNnIdo County
W ROOOt2G,2010
IsEal_j
My Commission Expires:
14
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
DESIGNATION OF SURETIES
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):
(rD(oUN I 1 g&PnsjT Co. a(= At2�lU41�
Gx&W -P.A , l 4'17.63 Ol$- 469 -2-1icso
<l `f— 7.37 - 'f 310 t,
15
I
L
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders Name �t� 71 .,, FUC -69711 yq5Pff74t %
Record Last Five (5) Full Years
Current Year of Record
i ne imormation 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
2007
2006
2005
2004
2003
Total
2008
No. of contracts
-.e_
sg (
If t Oci
I f uo9
[ I u�S
11 % 1
511-15-
Total dollar
Amount of
Contracts (in
-8-
2R/ $3)
l
6g
f
U-4
I 3
?Agra
LW 641
f
1,1 OZf Ic
Thousands of,$
No. of fatalities
$
-�
4L.-
�-
No. of lost
Workday Cases
$
o-
_4a�-
No. of lost
workday cases
involving
permanent
transfer to
'42�-
another job or
termination of
employment
i ne imormation required for these items is the same as required for columns 3 to 6, Code
10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder kt& 414 evoto /qs P#- T
Business Address: p,0 ,F>Of 6/�- q j- 72
Business Tel. No.: qV- - 7 _7(00Z)
State Contractor's License No. and
Classification: 4-- (o-7073 /¢ 0--/2-
Title V IC.C— P,PSttll►-
The above information was compiled from the records that are available to me at this
time and I declare under penalty of perjury that the information is true and accurate
within the limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
-EA
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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside Ss_
On December 12, 2007 before me, Brenda L. Rooster, Notary
Date Name and Title of Officer
Personally appeared Robert Bradley and Thomas Toscas
Name(s) of Signer(s)
— — — —
L
BRENDA L. ROYSTER
Commission #► 1700922
Notary Public - Callfornla
Riverside County
MMCF• ExpW0ct26, 2010
OPTIONAL
X personally known to me
sis of
to be the person(s) whose name(s)
k7 -are subscribed to the within instrument
and acknowledged to me that/they
executed the same in MeAw/their authorized
capacity(ies), and that by Mtheir
signature(s) on the instrument the person(s)
or, the entity upon behalf of which the person(s)
acted, executed the instrument.
4u���
I seal,
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Contractor's Industrial Safety Record — City of Newport Beach
Document Date: December 12, 2007
Number of Pages: 2
Signer(4'�Other Than Named Above: Owen M. Brown, Attorney -In -Fact
Signer's Name:
Individual
XCorporate Officer Title(s): Vice -President and Sec./Treasurer
_Partner- Limited _General
—Attorney -in -Fact
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
Top of thumb here
•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
ACKNOWLEDGEMENT OF ADDENDA
Bidders name kt AlkeV6W kP*k,7'
The bidder shall signify receipt of all Addenda here, if any, and. attach executed
copy of addenda to bid documents: 1aoAjG1'
Addendum No. Date Received Signature
IE
0
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
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: AU, 7A��Iyn�c"L/ip7,1� &�i%
Business Address: P.O. god t — C�� ()A '! d�) 0 -o
Telephone and Fax Number: - QSl-�3fe -�� Z S7-/-,2 -3l Hi7 Y
California State Contractor's License No. and Class:
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 1-19--7 / Expiration Date: 1-31-6y
List the name and title /position of the person(s) who inspected for your firm the site of
the work proposed in these contract documents:
The following are the names, titles, addresses, and phone numbers of all individuals,
firm members, partners, joint ventures, and company or corporate officers having a
principal interest in this proposal:
Name Title Address Telephone
e.
- 9c� •
F 1I :+
Corporation organized under the laws of the State of (2,Au%Q,A/1
19
<<
u
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
uo u-
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
N
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide: A 11 r
Provide the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner /agency? If so, explain.
tj v
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for lab mpliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes /W -
Are any claims or actions unresolved or outstanding? Yes / No
20
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Aj/A-
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
bA-0 b-S(c�-QkG
(Print name of Owner or President
of Corporation/Com any)
Att kt atcW AsPMqtT
Bidder uttforized Signaturelfitle
beaalggk /a-, 2-00-7
Date
Subscribed and sworn to (or--„ ) before me on this t ol_t�'k day of kgGk 2=7
7
by PZ 66U &A CL y , personally known to me or proved to me on
the basis of satisfactory evidence to be the person(s) who appeared before me.
BRENDA L. ROYSTER
CommlSalon # 1700922
r Notary Public - California
Riverside County
MyC0mm.Expires0ct26,2010
J l
[SEAL]
My Commission Expires: 10-24-2010
21
9
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.
lUl f�-
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
NONLOBBYING CERTIFICATION
FOR FEDERAL -AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to
the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The prospective participant also agrees by submitting his or her bid or proposal that he
or she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
23
0
DISCLOSURE OF LOBBYING
ORM TO DISCLOSE LOBBYING ACTIVI'
1. Type of Federal
Action:
a.
contract
b.
grant
c.
cooperative agreement
d.
loan
e.
loan guarantee
f.
loan insurance
2. Status of Federal
Action:
E] a. bid/offer /agolication
b. initial award
c. post -award
4. Name and Address of Reporting Entity
Prime E] Subawardee
Tier _ , if known
Congressional District, if known
6. Federal Department/Agency-
8
. Federal Action Number, if known:
5. If Rep
Enter
7
9
3. Report Type:
E] a. initial
b. m rial change
Material Change Only:
year_ quarter
date of last report
,E"ntity in No. 4 is Subawardee,
and Address of Prime:
;sional District, if known
Program Name/Description:
` CFDA Number, if applicable
9. Award Amount, if known:
10. a. Name and Address of Lobby E ty b. Individuals Performing Services (including
(If individual, last name, first n e, MI) address if different from No. 10a)
(last name, first name, MI)
/en attach Continuation Sheets) if necessary)
11. Amment eck all that apply) 13. Type of Payment (check all that apply)
S actual planned a. retainer
b. one -time fee
12. Fot (check all that apply): c. commission
d. contingent fee
d; specify: nature a deferred
value f. other, specify
14. Brin of Services Performed or to be performed and Date(s) of Service, including
of oyee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
1 /Continuation Sheet(s) attached: Yes ❑ No ❑
16. Information requested through this form is authorized by
Title 31 U.S.C. Section 1352. This disclosure of Signature:
lobbying reliance was placed by the tier above when his
transaction was made or entered into This disclosure is Print Name:
required pursuant to 31 U.S.C. 1352. This information t D p
will be reported to Congress semiannually and will be Title: U
available for public inspection. Any person who fails to
file the required disclosure shall be subject to a civil 4� -'1 -%�o�Date: f 2-f L-O
penally of not less than $10,000 and not more than Telephone No.: 1
$100,000 for each such failure.
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
24
• •
INSTRUCTIONS FOR COMPLETION OF SF -LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or
receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a
forth is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of
Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the
form Is inadequate. Complete all items that apply for both the initial.filing and material change report. Refer to the implementing
guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the
Information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known.
Check the appropriate classification of the reporting entity that designates if It is or expects to be a prime or subaward
recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards Include
but are not limited to subcontracts, subgrants and contract awards under. grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip
code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level
below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of
Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g.,
Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or
loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g.,
"RFP -OE -90-001 "
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified In
item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address 0 different from 10 (a). Enter
Last Name, First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying
entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that
apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. .
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify
the nature and value of the in -kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform
and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact
with Federal officials. Identify the Federal officers) or employee(s) contacted or the officers) employee(s) or Member(s)
of Congress that were contacted.
15. Check whether or not a continuation sheets) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and BudgeL Paperwork Reduction Project
(D348. 0046), Washington, D.C. 20503. SF- LLL - Instructions Rev. 06- 04- 90uENDIF»
25
0
SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
2 -1.01 GENERAL
The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements
and Conditions," of the Caltrans Standard Specifications and these special provisions
for the requirements and conditions which the bidder must observe in the preparation of
the proposal form and the submission of the bid.
The Bidder's Bond form mentioned in the last paragraph in Section 2 -1.07, "Proposal
Guaranty," of the Standard Specifications will be found following the signature page of
the Proposal.
In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is
included in the Proposal. Signing the Proposal shall also constitute signature of the
Noncollusion Affidavit.
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall 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
(CUCP). Listings of DBEs
following sources:
the California Unified Certification Program
certified by the CUCP are available from the
1. The Caltran's "Civil Rights" web site at: hftp:/Avww.dot.ca.gov/hq/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
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
FEDERAL MINIMUM WAGE RATES
GENERAL DECISION: CA20070035 10/26/2007 CA35
Date: October 26, 2007
General Decision Number: CA20070035 10/26/2007
Superseded General Decision Number: CA20030035
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Orange County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Modification Number
0
1
2
3
4
5
6
7
8
9 .
10
11
12
13
14
ASBE0005 -002 08/07/2007
Publication Date
02/09/2007
02/16/2007
02/23/2007
04/06/2007
04/20/2007
06/08/2007
06/22/2007
07/06/2007
07/13/2007
07/20/2007
08/17/2007
08/24/2007
09/21/2007
10/12/2007
10/26/2007
Rates Fringes
Asbestos Workers /Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) ..... $ 37.01 10.84
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls ) ............................$ 20.76 10.23
ASBE0005 -004 08/07/2006
Asbestos Removal
worker /hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
Rates Fringes
31
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) .... $ 19.55 6.38
BRCA0004 -010 05/01/2007
Rates
Bricklayer; Marble Setter ........ $ 32.83
BRCA0018 -004 06/01/2007
Rates
MARBLE FINISHER ..................$ 24.02
TILE FINISHER ....................$ 19.82
Tile Layer .......................$ 30.55
----------------------------------------
BRCA0018 -010 09/01/2006
Rates
Fringes
9.20
Fringes
8.41
7.51
11.62
Fringes
TERRAZZO FINISHER ................$ 24.54 8.62
TERRAZZO WORKER/SETTER ........... $ 31.63 9.41
------------------------------------------------
* CARP0409 -001 07/01/2007
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer ...................$
35.51
9.20
(2) Millwright ..............$
36.01
9.20
(3) Piledriver /Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or $cowman,
Rockslinger, Shingler
(Commercial) ................$
35.64
9.20
(4) Pneumatic Nailer,
Power Stapler ...............$
35.76
9.20
(5) Sawfiler ...............$
35.60
9.20
(6) Scaffold Builder .......
$
27.46
9.20
(7) Table Power Saw
Operator ....................$
35.61
9.20
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H -Beams driven or
. placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional. Certified Welder
- $1.00 per hour premium.
CARP0409 -005 07/01/2007
Rates Fringes
Drywall
DRYWALL INSTALLER /LATHER....$ 35.51 9.17
32 -
STOCKER /SCRAPPER ............ $ 10.00
ELEC0011 -002 12/05/2006
COMMUNICATIONS AND SYSTEMS WORK
Rates
Communications System
Installer ...................$ 24.43
Technician ..................$ 26.23
6.56
Fringes
3% +7.60
3% +7.60
SCOPE OF WORK:
Installation, testing, service and maintenance of systems
utilizing the transmission and /or transference of voice,
sound, vision and digital for commercial, educational,
security and entertainment purposes.for the following: TV
monitoring and surveillance, background- foreground music,
intercom and telephone interconnect, inventory control
systems, microwave transmission, multi- media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems in commercial buildings.
Communication Systems that transmit or receive information
and /or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
ELEC0441 -001 12/04/2006
Rates Fringes
Cable splicer ....................$ 37.10 3% +11.23
ELECTRICIAN ......................$ 35.47 3% +11.23
------------------------------------------------------------
ELEC0441-004 06/05/2006
TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING
SCOPE OF WORK: Electrical work,on public streets, freeways,
toll -ways, etc, above or below ground. All work necessary
for the installation, renovation, repair or removal of
Intelligent Transportation Systems, Video Surveilance
Systems (CCTV), Street Lighting and and Traffic Signal work
or systems whether underground or on bridges. Includes
dusk to dawn lighting installations and ramps for access to
or egress from freeways, toll -ways, etc.
Intelligent Transportation Systems shall include all systems
33
Rates
Fringes
ELECTRICIAN
Cable Splicing, Fiber
Optic Splicing... ...........
$
36.58
3%+11.23
Journeyman Transportation
Electrician .................$
34.97
3% +11.23
Transportation Systems
Technician ..................$
24.48
3%+11.23
SCOPE OF WORK: Electrical work,on public streets, freeways,
toll -ways, etc, above or below ground. All work necessary
for the installation, renovation, repair or removal of
Intelligent Transportation Systems, Video Surveilance
Systems (CCTV), Street Lighting and and Traffic Signal work
or systems whether underground or on bridges. Includes
dusk to dawn lighting installations and ramps for access to
or egress from freeways, toll -ways, etc.
Intelligent Transportation Systems shall include all systems
33
and components to control, monitor, and communicate with
pedestrian or vehicular traffic, included but not limited
to: installation, modification, removal of all Fiber optic
Video System, Fiber Optic Data Systems, Direct interconnect
and Communications Systems, Microwave Data and Video
Systems, Infrared and Sonic Detection Systems, Solar Power
Systems, Highway Advisory Radio Systems, highway Weight and
Motion Systems, etc.
Any and all work required to install and maintain any
specialized or newly developed systems. All cutting,
fitting and bandaging of ducts, raceways, and conduits.
The cleaning, rodding and installation of "fish and pull
wires ". The excavation, setting, leveling and grouting of
precast manholes, vaults, and pull boxes including ground
rods or grounding systems, rock necessary for leveling and
drainagae as well as pouring of a concrete envelope if
needed.
JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks
necessary toinstall the complete transportation system.
JOURNEYMAN TECHNICIAN duties shall consist of: Distribution
of material at job site, manual excavation and backfill,
installation of system conduits and raceways for
electrical, telephone, cable television and comnmunication
systems. Pulling, terminating and splicing of traffic
signal and street lighting conductors and electrical
systems including interconnect, dector loop, fiber optic
cable and video /data.
+ ELEC1245 -001 06/01/2007
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
- - - -- - -- -- - - - - --- --------------------------------
ELEV0018 -001 01/01/2007
Rates Fringes
ELEVATOR MECHANIC ................$ 41.265 14.885
FOOTNOTE:
Vacation Pay: 8% with 5 or more years of service, 6% for 6
months to 5 years service. Paid Holidays: New Years Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Friday after, and Christmas Day.
---- - - - --- --- - --- - -- -- -- -- -- - --- --
ENGI0012 -003 07/01/2006
34
Rates
Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$
41.02
12.01
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), and overhead
and underground
distribution line
equipment) ..................$
33.24
11.00
(3) Groundman ...............$
25.42
10.76
(4) Powderman ...............$
37.16
11.15
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
- - - -- - -- -- - - - - --- --------------------------------
ELEV0018 -001 01/01/2007
Rates Fringes
ELEVATOR MECHANIC ................$ 41.265 14.885
FOOTNOTE:
Vacation Pay: 8% with 5 or more years of service, 6% for 6
months to 5 years service. Paid Holidays: New Years Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Friday after, and Christmas Day.
---- - - - --- --- - --- - -- -- -- -- -- - --- --
ENGI0012 -003 07/01/2006
34
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: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
35
Rates
Fringes
POWER EQUIPMENT OPERATOR
(All
Other Work)
GROUP
1 ....................$
31.65
15.30
GROUP
2 ....................$
32.43
15.30
GROUP
3 ....................$
32.72
15.30
GROUP
4 ....................$
34.21
15.30
GROUP
5 ....................$
35.31
15.30
GROUP
6 ....................$
34.43
15.30
GROUP
7 ....................$
35.53
15.30
GROUP
8 ....................$
34.54
15.30
GROUP
9 ....................$
35.64
15.30
GROUP
10 ....................$
34.66
15.30
GROUP
11 ....................$
35.76
15.30
GROUP
12 ....................$
34.83
15.30
GROUP
13....................$
34.93
15.30
GROUP
14 ....................$
34.96
15.30
GROUP
15 ....................$
35.04
15.30
GROUP
16 ....................$
35.16
15.30
GROUP
17 ....................$
35.33
15.30
GROUP
18 ....................$
35.43
15.30
GROUP
19 ....................$
35.54
15.30
GROUP
20 ....................$
35.66
15.30
GROUP
21 ....................$
35.83
15.30
GROUP
22 ....................$
35.93
15.30
GROUP
23.: ..................
$
36.04
15.30
GROUP
24 ...............:....$
36.16
15.30
GROUP
25 ....................$
36.33
15.30
POWER EQUIPMENT OPERATOR
(Cranes, Piledriving &
Hoisting)
GROUP
1 ....................$
33.00
15.30
GROUP
2 .....................$
33.78
15.30
GROUP
3 ....................$
34.07
15-.30
GROUP
4 ....................$
34.21
15.30
GROUP
5 ....................$
34.43
15.30
GROUP
6 ....................$
34.54
15.30
GROUP
7 ....................$
34.66
15.30
GROUP
8........ .............$
34.83
15.30
GROUP
9 ....................$
35.00
15.-30
GROUP
10 ....................$
36.00
15.30
GROUP
11 ....................$
37.00
15.30
GROUP
12 ....................$
38.00
15.30
GROUP
13 ....................$
39.00
15.30
POWER EQUIPMENT OPERATOR
(Tunnel Work)
GROUP
1 ....................$
33.50
15.30
GROUP
2 ....................$
34.28
15.30
GROUP
3 ....................$
34.57
15.30
GROUP
4 ....................$
34.71
15.30
GROUP
5 ....................$
34.93
15.30
GROUP
6 .....................$
35.04
15.30
GROUP
7 ....................$
35.16
15.30
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
35
0
GROUP l: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator - inside; Engineer Oiler; Forklift operator
(includes Toed, 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 (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Horizontal Directional Drilling Machine;
Hydra- hammer -aero stomper; Micro Tunneling (above ground
tunnel); Power concrete curing machine operator; Power
concrete saw operator; Power - driven jumbo form setter
operator; Power sweeper operator; Rock Wheel Saw /Trencher;
Roller operator (compacting); Screed operator (asphalt or
concrete); Trenching machine operator (up to 6 ft.); Vacuum
or much truck
GROUP 5: Equipment Greaser (Grease Truck /Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener;.Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type);-Drilling machine operator.,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary - Johnson- Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (-asphalt
or finish), rubber -tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self - propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1 -1/2 yds.); Slip form pump operator (power
36
0
driven hydraulic lifting device for concrete forms);
Tractor operator- bulldozer, tamper- scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including.D -5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 7: Welder - General
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt - rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast -in -place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self - propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy -duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator ( Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley- Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber -tired
earth - moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber -tired earth - moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber -tired scraper operator (self - loading paddle wheel
type -John Deere, 1040 and similar single unit); Self -
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1 -1/2 yds.
up to and including 6 -1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D -5 - 100 flywheel h.p. and over, or
similar- bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over'6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types - Watson 3000 or 5000
auger or similar types - Texoma 900 auger or similar
types - drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol -blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type- except Quad 9
cat.); Rubber -tired earth - moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
37
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
Pugmiil 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 tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi- engine);
Pipe mobile machine operator; Rubber -tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar .
and similar type, over 50 cu. yds. struck); Rubber -tired
self- loading scraper operator (paddle - wheel -auger type
self - loading - two (2) or more units)
GROUP 13: Rubber -tired earth - moving equipment operator
operating equipment with push -pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth - moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber -tired earth - moving equipment operator,
operating equipment with push -pull system (single engine,
Caterpillar, Euclid,,Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber -tired earth - moving equipment operator,
operating equipment with push -pull system (multiple
engine -up to and including 25 yds. struck)
GROUP 16: Rubber -tired earth - moving equipment operator,
operating equipment with push -pull system (single engine,
over 50 yds. struck); Rubber -tired earth - moving equipment
operator, operating equipment with push -pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber -tired earth - moving equipment operator,
operating equipment with push -pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber -tired earth - moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber -tired earth - moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
38
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)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes Toed,
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)
pi
- t
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (vagtborg and similar
types); Material hoist and /or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar -
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K -crane
operator; Polar crane operator; Self.erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to.and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over.50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
3.00 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power- driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
40
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 ,
-------------------------------------
ENGI0012 -004 08/01/2006
PREMIUM PAY:
$3.00 additional per hour at.the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve - Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center - Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - 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
$1.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
41
Rates
Fringes
Power equipment operators:
(DREDGING)
(1) Leverman ................$
39.65
15.30
(2) Dredge dozer ............
$
35.18
15.30
(3) Deckmate ................$
35.07
15.30
(4) Winch operator (stern
winch on dredge) ............
$
34.52
15.30
(5)'. Fireman - Oiler,
Deckhand, Bargeman,
Leveehand ...................$
33.98
15.30
(6) Barge Mate ..............$
34.59
15.30
------------------------------------------------------------
IRON0002-004 07/01/2007
Rates
Fringes
Ironworkers:
Fence Erector ...............$
29.62
20.915
Ornamental, Reinforcing
and Structural ..............$
30.51
20.915
PREMIUM PAY:
$3.00 additional per hour at.the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve - Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center - Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - 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
$1.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
41
--- --------------------
LAB00300 -001 07/01/2007
Rates Fringes
Brick Tender .....................$ 25.47 13.25
----------------------------------------------------------------
LAB00300 -003 07/01/2007
LABORER: Gunite
GROUP
1.' ....................$
29.36
GROUP
2 .....................$
13.54
GROUP
3 .....................$
27.63
Laborer: Tunnel
GROUP
1 .....................$
GROUP
2 .....................$
GROUP
3 .....................$
GROUP
4 .....................$
Laborers:
GROUP
1 .....................$
GROUP
2 .....................$
GROUP
3 .....................$
GROUP
4 .....................$
GROUP
5 .....................$
Rates Fringes
27.79 16.62
26.84 16.62
23.30 16.62
29.04
13.54
29.36
13.54
29.82
13.54
30.51
13.54
24.63
13.25
25.18
13.25
25.73
13.25
27.28
13.25
27.63
13.25
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and /or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal -to- portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75' -0" above base level and which work must be performed in
whole or in part more than 75' -0" above base level, that
work performed above the 75' -0" level . shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike -off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and /or
water pipeline laborer; Laborer, asphalt- rubber material
loader; Laborer, general or construction; Laborer, general
clean -up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
42
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and /or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank.
scaler and cleaner; Tree climber; faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or
longer; Dri- pak -it machine; Gas, oil and /or water pipeline
wrapper, 6 -in. pipe and over,.by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi - plate; Kettle person,
'pot person and workers applying asphalt, lay -kold,
creosote, lime caustic and similar type materials
( "applying" means applying,.dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come- alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock Slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand - propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand - guided lagging hammer; Head rock .
Slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non - metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No -joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot -Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,.
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
43
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Bull gang mucker, track person;
Changehouse person; Concrete crew, including rodder and
spreader; Dump person; Dump person (outside); Swamper
(brake person and switch person on tunnel work); Tunnel
materials handling person
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Nipper; Pot tender, using mastic or other
materials (for example, but not by way of limitation,
shotcrete, etc.); Vibrator person, jack hammer, pneumatic
tools (except driller)
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and /or grouting machines; Powder person (primer
house); Primer person; Sandblaster; shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Nozzle person and rod person
GROUP 2: Gun person
GROUP 3: Rebound person
---------------------------------------------------------
LAB00882 -002 01/01/2007
Rates Fringes
Asbestos Removal Laborer ......... $ 24.15 11.75
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos - containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
LABO1184 -001 07/01/2007
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ... $ 25.44 8.81
(2) Vehicle Operator /Hauler.$ 25.61 8.81
(3) Horizontal Directional -
Drill Operator. ... ......... $ 27.46 8.81
(4) Electronic Tracking
Locator .....................$ 29.46 8.81
Laborers: (STRIPING /SLURRY
SEAL)
44
GROUP
1 .....................$
26.39
11.47
GROUP
2 .....................$
27.69
11.47
GROUP
3 .....................$
29.70
11.47
GROUP
4 .....................$
31.44
11.47
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician -
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
-------- ----- ----- - - - - -- -----------------
PAIN0036 -001 07/01/2007
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint .................$ 25.20 8.14
(2) All Other Work .......... $ 28.47 8.14
REPAINT of any structure with the exception of work involving
the aerospace industry, breweries, commercial recreational
facilities, hotels which operate commercial establishments
.as part of hotel service, and sports facilities, tenant
improvement work not included in conjunction with the
construction of the building and all repainting of tenant
improvement projects.
PAIN0036 -008 10/01/2007
Rates Fringes
DRYWALL FINISHER /TAPER ........... $ 31.64 10.87
----- -- -------- -------------------
PAIN0036 -015 06/01/2007
Rates Fringes
- 45
GLAZIER ..........................$ 33.30 13.53
FOOTNOTE: Additional $1.25 per hour for work
from the third (3rd) floor and up Additional
hour for work on the outside of the building
stage or any suspended contrivance, from the
-----------------------------------------------
PAIN1247 -002 10/01/2007
Rates
SOFT FLOOR LAYER .................$ 29.35
PLAS0200 -009 01/01/2005
Rates
PLASTERER ........................$ 28.29
PLAS0500 -002 07/01/2007
Rates
CEMENT MASON /CONCRETE FINISHER.:.$ 28.00
---------------------------------
PLUM0016 -001 07/01/2007
Rates
PLUMBER /PIPEFITTER
in a condor,
$1.25 per
from a swing
)round up
Fringes
7.99
Fringes
7.46
Fringes
16.45
-------- ---- --- - --
Fringes
(1) Work on strip malls,
light commercial, tenant
improvement and remodel
work....... .................$ 26.21 12.88
(2) Work on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space .................$ 32.84 14.20
(3) All other work .......... $ 33.86 15.16
PLUM0250 -002 01/02/2006
Rates Fringes
REFRIGERATION MECHANIC
Refrigeration Fitter ... .....$ 33.30 13.95
- -- --- -------------------------------------------
PLUM0345 -001 07/01/2007
Rates Fringes
Plumbers
Landscape /Irrigation Fitter.$ 25.18 12.66
Sewer s Storm Drain Work .... $ 22.99 14.20
ROOF0036 -002 08/01/2007
Rates Fringes
ROOFER ...........................$ 29.90 7.27
FOOTNOTE: Pitch premium: Work on which employees are exposed
46
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour "pitch premium" pay.
- -------- ----- --- - - - - -- -- - - --
SFCA0669 -008 01/01/2007
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) ......................$
30.00
14.15
SFCA0709 -003 09/01/2006
SAN CLEMENTE ISLAND, THE CITY
OF SANTA
ANA,
AND THAT PART OF
ORANGE COUNTY WITHIN 25 MILES
BEYOND
THE
CITY LIMITS OF LOS
ANGELES:
Rates
Fringes
SPRINKLER FITTER (Fire
Sprinklers ) ......................$
---------------------------
34.58
16.70
SHEE0105 -003 08/01/2007
LOS ANGELES (South of a straight line
drawn between Gorman and
Big Pines)and Catalina Island,
INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND
SAN BERNARDINO COUNTIES
Rates
Fringes
Sheet metal worker
(1) Commercial - New
Construction and Remodel
work ........................$
36.08
14.36
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
.
aritechtural sheet metal
work, excluding A -C,
heating, ventilating
systems for human comfort ... $
-------------------------------
30.86
19.82
TEAM0011 -002 07/01/2007
Rates
Fringes
Truck drivers:
GROUP 1 ....................$
25.44
17.39
GROUP 2 ....................$
25.59
17.39
GROUP 3 ....................$
25.72
17.39
GROUP 4 ....................$
25.91
17.39
GROUP 5 ....................$
25.94
17.39
GROUP 6 .....:..............$
25.97
17.39
GROUP 7 ....................$
26.22
17.39
GROUP 8 ....................$
26.47
17.39
GROUP 9 ....................$
26.67
17.39
GROUP 10 ....................$
26.97
17.39
GROUP 11 ....................$
27.47
17.39
47
0
GROUP 12 ....................$ 27.90 17.39
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,.
Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo
& Yermo, Mountain Warfare Training Center, Bridgeport,
Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person;. Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle;.Dump. truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
truck, less than 6 -1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and,tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6 -1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person /welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment .
GROUP 11: Water pull - twin engine; Water pull- twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
W,
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
- 49
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
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.
50
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
CONTRACT
THIS AGREEMENT, entered into this& day of Tan. , 2008, 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:
SUPERIOR AVENUE REHABILITATION — CONTRACT NO. 3869
"The work necessary for the completion of this contract consists of mobilization,
traffic control, construction notifications, survey services, cold milling, asphalt
concrete overlay, reconstruction of concrete access ramps and driveways, signing
and striping and all other incidental items of work necessary to complete the work in
place."
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. 3869, 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.
51
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 Eight Hundred Sixty -Two Thousand,
Eight Hundred Sixty -Two and 00/100 Dollars ($862,862.00).
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 -3315
CONTRACTOR
All American Asphalt
P.O. Box 2229
Corona, CA 92878 -2229
951 - 736 -7600
951 - 739 -4671 Fax
F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract,
hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with original certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
0
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0002 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
b) Insurance Services Office Business Auto Coverage form number CA 0002 0287
covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
i. City, its officers, agents, officials, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor, including the insured's general
supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to City, its officers,
officials, employees or volunteers.
ii. Contractor's insurance coverage shall be primary insurance andlor primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self - insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, agents, officials, employees and
volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
agents, officials, employees and volunteers for losses arising from work
performed by Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
All of the executed documents referenced in this contract must be returned within
ten (10) working days after the date on the "Notification of Award," so that the City
may review and approve all insurance and bonds documentation.
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
54 -
0 0
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.
W1
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.
PREVAILING WAGES This is a federally assisted construction contract and the higher of
State of California or Federal prevailing wages shall be paid to all workman employed on
this project. Federal and State of California labor standards provisions, including
prevailing wage requirements of the Davis -Bacon and Related Acts, shall be enforced.
The current Federal and State prevailing wage rates under which the work is to be done is
attached to the contract documents and is available at the Public Works Department, 3300
Newport Blvd., Newport Beach, CA 92658. In the event of a conflict between the Federal
General Wage Decision as established by the United States Department of Labor
(available at www.access.gpo.gov/davisbacon/ca.htm1) and the State General Prevailing
Wage Determination as established by the California Department of Industrial Relations
(available at http://www.dir.ca.gov/DLSR/PWD/index.htm), the higher of the two will
prevail. Lower State wage rates for work classifications not specifically included in the
Federal wage decision are not acceptable. This includes "helper" (or other classifications
based on hours of experience) or any other classification not appearing in the Federal
wage decision.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST:
CITY CLERK
APPR VED AS TO FORM•
�C
AARON C. HARP
Assistant City Attorney
*01
CI"
a
By
CONTRACTOR
By:
(Corporate Officer)
Title:ylC,& PLS o`' 1r
Print Name: I� D EL ?: cel
By:
(Financial Officer)
Title: • (
Print Name: T}�I-ll�%S U5�.
CALIFORNIA ALL-PURPOSE ACKYOWLEDGMENT
State of California
County of Riverside SS.
On December 28, 2007 before me, Brenda L. Royster, Notary
Date Name and Title of Officer
Personally appeared Robert Bradley and Thomas Toscas
Name(s) of Signer(s)
����••••� BRENDAL. ROYSTER
\j Commission # 1700922
k y-
zF1�,aa„j' Notary Public - California =
Riverside County
W Comm. Expires Oct 26, 2010
OPTIONAL
X personally known to me
_ asis of
saWactUr7—eMVidMe
to be the person(s) whose name(s)
hrare subscribed to the within instrument
and acknowledged to me thattra#s�hey
executed the same in ftis rtheir authorized
capacity(ies), and that by 1`110"vlheir
signature(s) on the instrument the person(s)
or, the entity upon behalf of which the person(s)
acted, executed the instrument.
WITN S my hand a d o icia eal,
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Contract — City of Newport Beach
Document Date: December 28, 2007 Number of Pages: 6
Signer($�Other Than Named Above: None
Signer's Name:
Individual
XCorporate Officer Title(s): Vice -President and Sec./Treasurer
_Partner- Limited _General
—Attorney -in -Fact
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
Top of thumb here
CITY OF NEWPORT BEACH
PUBUC WORKS DEPARTMENT
SUP RIOR _VEND �L!� PARTS
EXECUTED IN FOUR (4)
CONTRACT NO. "6
089 03 435
BOND NO. __.�
F.&I�. FU.� PERFORM N OND
The premium charges on this SOM is $ —3 &"'-- thousand of the Contract price.
being at the rate of $ 4 2 motion
Council of the City of Newport Beach, State of California, s the tP in
WHEREAS, the City Cou Rer designated as the "Principal ", a
adopted. awarded to ALL AMERICAN ASPHALT, hetna
i with the plans, drawin9s, sp of Newp� Bedach all
contract for construction of SUPERIOR AVENUE RE14ABILiTATION, Contract No. 3869 in the
City of Newport Beach, in strict confom+ ty nt of the City
Contract Documents maintained in the Public Works Deparhn�
of which are incorporated herein by this reference
WHEREAS. Principal has executed or is about to execu 0 CCar Contract and the tract No. 3869
terms thereof require the furnishing of a Bond for the faithful Pa
NOW, THEREFORE. we, the Principal,. and rcress under the taws of the State of
duty authorized to tte held bus bound unto the City of Newport
hereinafter Surety ). are hek! and firmly Ei Hundred Sbdy-Two and
California as Surety ( o Thousand, 9
Beach. in the sum of Eight Hundred Sixty -of Urged States of America, said sum teach,
60(100 Dollars ($862,86200) lawful money {eoConVad' to be p� to the City of Newport
a ant well and truly to be made, we bind ourselves, our
equal to 100% of the estimated which nil and severalty, firmly by these
its successors, and assigns; far vuhich P rs or assigns, Y
heirs, executors and administrators. succcessa
present.
that it the Principal, or the Principal s
THE CONDITION OF THIS OBLIGATION si SUCH. to abide bY, and waif and truly keep
rs, or assigns a regiments in the Contract
heirs, executors, administrators, aq tes work covenants, amditions. and g
and perform any alteration thereof made as therein Provided on its part, to be kept and
Documents and any and in aii respects according to its true
Newport Beach,
performed at the time and in the manner therein 5p will faithfully perform the
intent and meaning, or faits to indemnity, defend, and save harmless the City Newp
its officers. employees and agents. as therein stipulated, t then. Surety
same. a an amount not exceedn9 the sum specified m this Bond; otherwise this Obligation shall
become null and void.
59
As a part of the obligation secured hereby; and in add:hon to the face amount specified in
this Performance Bond, there shalt t included costs and in the event the City is required to
including reasonable attorneys fees, incurred by the City. ry
bring an action in 18W 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 terns of the Contract or to the work to its ob lions on this Bornd,
to the specifications accompanying the same shall in arty, way
and ft does hereby waive notice of any such change, extension of time, alterations or additions of
the Contractor to the work or to the specifications. j and
This Faithful Performance Bond shaila a of ndet acceptance oofdthe project by the �City li the force and effect for one (f ) year f°tloWing
in the event that the Principal executed this bon from its n
obligations gthis Bond. the
as an Individul death of any such Principal shall not exonerate the Surety
IN WnNESS WHEREOF. this instrument has bean dory executed by the principal and
Surety above named,'On the ,�-h
day of ,_ AaTA _ 2008.
FIDELITY AND DEPOSIT COMPANY
OF 1LARYLe�ND -- --
Name of Surety
801 NO. BRAND BLVD
GLENDALE, CA. 91203
Address of Surety
SURETY: 818- 409 -2800
AGENT: 714- 935 -1112
Telephone
NOTARY ACKNOWLE13Gf EOS of CONTRACTOR AND SURETY MUST BE ATTAC14ED
-all
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of i?A
On ,nw-k - Ci 2 nb� before me,
Date _ n
personally appeared
BRENDA L. ROYSTER
Commission # 1700922
Notary Public - California
Riverside County
MyComm. elptes Od 26, 2010
who proved to me on the basis of satisfactory evidence to
be the person(4)-whose name( is/a"ubscribed to the
within instrument and acknowledged to me that
he/sral executed the same in his/Ietlasir authorized
capacity(hie), and that by his/hapill eir signature(f)-on the
instrument the person(*,-or the entity upon behalf of
which the person(- acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m y nd and off icnial seaa../'/J�,(y / /�n�
Place Notary Seal Above Signature D� SignaW�ot Notary Public -'.f� l
OPTIONAL
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 Documentt, r f D,�r� y n . 7-1
Title or Type of Document: ! >- I' L r �-iF F � I �U — wv y F
Document Date: �A�(l FF1P��l $ (, U��Q Number of Pages: 7
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 9-0 DC-SR-(
W Signer's Name:
❑ Individual
Individual
N- Corporate Officer —Title(s):
Ul �J(kJF�LI ❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ G ral
Cl Attorney in Fact
❑ Attorney in Fact
• Trustee
Top of thumb here ❑ Trustee Top of thumb here
• Guardian or Conservator
Cl Guardian or Co ervator
• Other:
❑ Other:
Signer Is Representing:
Signer epresenting:
02007 National Notary Awodatlon•9350 De Sob A... P.O. Box 2402•Chatmorth, CA 913132402• w NatronalNolaryorg Item lF69J7 Reorder. Cell Td4Ree 1EW876 -6527
CI� OF NEWPORT BEAC�
SINESS TAX CERTIFICATE gT00007126
THIS TAX PAYMENT EXPIRES:
04/30/2008 ACCOUNT NUMBER:
OWNERIPRINCIPAL NAME:
VICE ADDRESS: ALL AMERICAN ASPHALT
AFRICAN ASPHALT
0- E 6TH ST OWNERSHIP TYPE:
COONA CA 92878 CORPORATION
TAX INCLUDES PAYMENT FOR:
BUSINESS CATEGORY-.
HIGHWAY & STREET CONSTRUCTION
1.00 EMPLOYEES
SELLERS PERMIT: '
NO SELLERS PERM
DATE OF ISSUE: 05/02/1980
�.
' PRINT DATE: 04/26/2007
I`2
0 0
CtT°y OF NEWPORT BEACH
PUBLic WORKS DEPARTMENT
cNaBWTA 0
SUF>~R1O�V Rte=--
—
EXECUTED IF FOUR (4) PARTS
COQ C N- 8
BOND NO. nag-- �5
. LABS a M— AiER
PAY E T O
Beach, State of California, by motion
WHEREAS, the city Council of the City of Newpo designated as the °Principal " a
adopted, has awarded to ALL AMERICAN ASPtfALT, hereinafter
gUFER1OR AVENUE REHABILITATION, Contract No. 3865 in the
contract for constr+tction of d piers. drawings, specifications n Beach.
city of Newport Beaoh, In strict �Formity, nt of the City of New
Contract Documents in�� h �o �Y ���e � �pa�
all of which are istcarpo Contract No. 3869 and the
WHEREAS. prindpat has executed or is abt �9 t `or any of n p t
I
ft Principe ies used n• upon.
of a bond,• P. rovistons, ar other suppi
terms thereof require the �`t� � any materials, P
work or tabor done
subcantravtors, shop oaa of ttre work a9 to be done, or for any
for, or about the P Sur on this hoed wht pay the same to the extent hereinafter set forth:
thereon of any kind, the etY principal, and,
We the undersigned
THEREFORE. duty authorized to transact
NOW, referred to herein as to are
to om Was red Sixty-Two
business under the oft of Newer Beach, In the s Eight money f the
held fumy hound unto the Oft o and 0000 Dollars (s �' payable by the
Thousand, E19M Hundred Sixty- ' equal to 100°k of the astimated amount a
United States of America, said sum be ng for which Payment well and truly to W
qty of Newp
ort Beach under the terms of the ConUack administrators, success °rs, or assigns, yotn
made, we bind ourselves, our halm. executors and adtrnn
and severally. firmly by these pre or the Principars lithe Principal
THE CO 184 to Way THIS afar acts. prov's�s, oat o� supplie
s, Implements or
fail to pay for airy performance of the work contracted to be done, or for
subcontractors, under the Unemployment
machinery used in, upon, for, re about the kind or for amounts due
any other work or tabor thereon of any or tabor, or for any amounts reeQ�fro I the dwag as°f
Insurance Code with respect to such work veloprnent Department
withheld and paid over to the Employment �e
i and subcontractors Pursuant to Section 130;pa for the same in an
employees of the Principe such work and labor, than the Surety
Insurance Code with the re respect �cified in this Bond, and also, m case sort is brought to enforce
amount not exceeding d a reasonable attorneys fee. to be rr.. ed by the Court as required by
the obligations of this Bond, e of the $late of Caiifomta.
the provisions of Section 3250 of the Civil Code
The Bond shall inure to the benefit of any and an persons, companies. and corporations
m1a CrW Code so as to en ili m to Fite claims under Section ul hro ghF upon this Bond as required by and �iinn accordance action
to
the provisions of Sections 3247 et. sect- of the Civil Code of the Slate of California.
And Surety . for value received. hereby stipulates dyed or 10 the work to change, extension pe�rmed
time, alterations or additions to the termso the �Cont hall in any vise affect � obligations on
thereunder or the specifications accompanying
this Bond, and it does herebY waive notice of any such Chang of time alterations or
additions to the terms of the Contract or to the work or to the specifications, dt •dual it is
In the event that any principal to
agreed that the death of any such principal
rider this Bond.
love
named executed this Bond as an m v�
shall not exonerate the Surety from its obligations
V
IN WtfNESS WHEREOF• this instrument has been duty executed by
8 th day of JANUARY
principal and Surety, on the �
0 a
FIDELITY AND DEPQSIT CQMPANY
F
Name of Surety
801 NQ. BRAND BLVD
GLENDALE,_CA_ 91203_
Address Of Surety
SURETY: 818 - 409 -2800
AGENT. ,714- 935 -1112
Telephone
the above named
OWpN M. BROWN, ATTORNEY -IN -FACT
print Name and Title
NOTARY ACKNOUfI.EDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
58
State of California
County of ry1L t VM5(0E
On 2�� b I QI if before me,
Date 'J`� �, Q �,-,, .� Q D �HereeInca Name d Tdle W the Officer
personally appeared 1` �rJt�F�f '✓F-r rZ
BRENDA -
CommisCommission n * 17009 1700922
Notary Public - California
Riverside County
MV0mm8q*s;0ct26.2010 `
who proved to me on the basis of satisfactory evidence to
be the person(#f whose name(tr)-is/aile- subscribed to the
within instrument and acknowledged to me that
he/shelthey executed the same in his/hiMbeir authorized
capacity(ige), and that by his/t*Aheir signature(o} on the
instrument the person(}, or the entity upon behalf of
which the person(dj"acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my and and official se
Signature 4iO�A
Place NoWry Seal Above Signature of Notary Public
OPTIONAL
Though the information below is riot required by law, it may prove valuable to persons relying on Me document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other
Capacity(ies) Claimed by S1 ng er(s) /
Signer's Name: Dee D�f} L?( t' Y Signer's Name:
❑ Individual Individual
4E' Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General ❑ Partner —❑ Limited ❑ Ger
❑ Attorney in Fact affieffm
• Trustee Top of thumb here
• Guardian or Conservator
• Other:
rt
Signgt Re esenting: �
ff'1 -L.
PMmLT
❑ Attorney in Fact
❑ Trustee
• Guardian or C
• Other:
RICH T THUMBPRINT
OF SIGNER
1.
0 0
Stile of Ca
SIL
county _ ORANCa
on 12 -19-07 spa BARBARA J. BENDER, NOTARY PUBLIC.
Oft a.ra.en.am,r.a, y..ararw►.tarl
Personaly appeared rmrm wr _ EMN
sreeaati.q
tarowrr b @e
7
to be the pereon(s) whose n mreN Ww
subsorbed to the widrin insuumeru and
dw s mad o bIn —wl * audmind
c ty(w), and dw by MMrjow
amnab _ an do hustruinard the persau(s� or
f upwu bd M of which the perooro)
No hrehunent. _
..:• A. o
— OPTIONAL
ThOU0 aN eebNMaaebebwls net mgt*odeyAK kmwpuw Ymkrd/bpNNIN N6ft an ft d7aNNnlawcowi msrwd
aaaddWNmwdaedisaardNNraera* ram 6-W Nrdmw"
Vi 77
Tie orType of Docranaut
PAYMENT BOND NO. 089 03 435
DocranentDale:_.1 -8-08 httsnberofp TWO (2)
Smnsr(s) 011m Then en Nemed Above:
ALL AIUMCAN ASPHALT
CaPW RY(bw) C)hnad by Slww
s
OVER M. BROWN
0 hubviduel Topdhwbeae
0 cmporaleomm —Til*y
0 Partrrer -0 Limited 0 GSenerw
0 Trustee
• Gumdimt or Corrawvaior
• 01hec.
Sww te FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
.......... �s��a.. wawamr.�.�m.e�ax.i7rwwRawnalle• w ►sewsNm Ubrccownwb 06476 w
i
C
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 a by nominate, constitute
and appoint Owen M. BROWN, of Anaheim, California, its true and o act, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act a kings, and the
execution of such bonds or undertakings in pursuan s on said Company, as fully and
amply, to all intents and purposes, as 1f xe- & e ged by the regularly elected officers of
the Company at its office in Bal�aatj {cre�r her�r� This power of attorney revokes that issued on
behalf of Owen M. BROM it d� ruarvt �2 ,`
The said Assistant
Section 2, of the By-
,�t�fy$ tat the extract set forth on the reverse side hereof is a true copy of Article VI,
, and is now in force.
IN WITNESS WIfR'OF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
December, A.D. 2004.
FIVUUMMIIIIIIIIIIIIIIIIII
State of Maryland
City of Baltimore ss:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
X .
Eric D. Bares Assistant Secretary
4
r..
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.
`'YGr 141NC
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA -F 012 -4160
0
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
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 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 Rrh day of JAIWARV , 9008
s
A4-4
Assistant Secretary
0
Cilent#: 4475
•
AI l ARNr II
ACORD- CERTIFICATE OF LIABILITY INSURANCE DATEIMWDDmry)
iz/13ra7
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
EdgewoGd Partners Insurance Center
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Li¢ #0829370 (714) 937.1824
One City Blvd W, #700
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
A
Orange, CA 92868 -2947
INSURERS AFFORDING COVERAGE
NAIC #
INSURED All American Asphalt
P.O. Box 2229
Corona, CA 92878 -2229
wsuRERA Arch Specialty Insurance Co.
$1,000,000
INSURER e: Ins. Co. of the Stale of PA
$100,000
NSURERC: Seabright insurance Co
S
INs=o: Hartford Fire Insurance Co.
51,000,000
INSURER E:
GENERALAGGREGATE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF DIBUAANCE
POLICY NUMBER
POLICY EF E
DATE IMMIDDIM
PO EXPIRATION
DATE (MSUU=
LIMITS
A
GENERALUASILRY
X COMMERCUV. GENERAL UA60.fTY
CLAIMS MADE FX OCCUR
GPP002265800
Carl Holder Is
additional
Insured if
required by
Written Contract
08/01/07
08/01/09
EACH OCCURRENCE
$1,000,000
DAMAGETO ENTED
$100,000
MED EXP (Any m parson)
S
PERSONAL &ADV INJURY
51,000,000
GENERALAGGREGATE
s2 OOD 000
GEN'LAGGREGATEUMIT APPLIES PER:
POLICY X PRG Loc
PRODUCTS - cOMP/OP AGO
s2000000
D
AUTOMOBILE
X
LIABILITY
ARY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS
NON4WNEDAUTOS
72UENGK5491K2
Cart Holder. is
additional
insured If
required by
written contract
08/01/07
08/01108
COMBINED SINGLE LIMB
(EAatadaoU
$1,000,000
BODILY INJURY
(Par pemon)
s
X
BODILY INJURY
(Per madmt)
5
X
PROPERTY DAMAGE
(PerecatlaM)
s
GARAGE LIABILITY
ANY AUTO
AUTO ONLY -EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY: AGG
$
s
B
EXCESSNMBRELLALIAIN ITY
7X OCCIRi F� CLAIMS MADE
OEOUCTIBLE
X RETENTION S10,000
5686440
08/01/07
08101109
EACH OCCURRENCE
$10000000
AGGREGATE
$10,000,000
s
5
5
C
M MERSCOMPENSATIONAND
61PLOYERIETOWAfY
ANYPROPRR BERIPARTUDED? CIRNE
OFFICERRGBHBER EXCLUDEDT
SPECAL PROVISIONS a
beiew
BB1070243
08/01107
08/01/08
4M1WATU• Dn+ ER
X I
E.L. EACH ACCIDENT
51000000
E.L. DISEASE -FA EMPLOYEE
S1 OOO OOO
El.DISEASE•POLICYLIMIT
1 ODD,000
OTHER
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED SY ENDORSEMENT I SPECIAL PROVISIONS
RE: Superior Avenue Rehabilitation, Contract No. 3869, STPL. 5151(023)
`2axpl7vplwcw*
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
ACORD 25 (2001108) 1 Of 2 #S247751M21032
1 ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION
tEREOF, THEMSUING INSURER WILL RMDMIBUDl MAIL In
TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,aUC[K'xI0B90WBDniTCSHBCx
LZTOTAS
1988
•
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WANED, 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 253 (2001108) 2 of 2 it.S2d77R1M24n42 -
0 0
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE — BROAD FORM, CGL POLICY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY SELF- INSURED RETENTION COVERAGE FORM
Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added
to Condition 4. Other Insurance:
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
"oocurrence" or offense, this insurance will be primary, but only if and to the extent required by that
written contract.
All other terms and conditions of this Policy remain unchanged.
City of Newport Beach, its officers, agents, officials, employees and volunteers
Project:
Superior Avenue Rehabilitation, Contract No. 3869, STPL- 5151(023)
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: GPP002265800
Named Insured: All American Asphalt
Endorsement Effective Date: 8/1/07
00 CGL0130 00 09 06 Page i of 1
P
0
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modes insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY SELF- INSURED RETENTION COVERAGE FORM
SECTION II — WHO IS INSURED is amended to include as an additional insured those persons or
organizations who are required under a written contract with you to be named as an additional insured,
but only with respect to liability for "bodily injury", "property damage ", or "personal and advertising injury"
caused, in whole or In part, by your arts or omissions or the acts or omissions of your subcontractors:
A. In the performance of your ongoing operations or "your work", including "your work" that has
been completed; or
B. In connection with premises owned by or rented to you.
As used in this endorsement, the words "you" and "your" refer to the Named Insured.
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 the preparation
of the policy.)
Policy Number: GPP002265800
Named Insured: All American Asphalt
Endorsement Effective Date: 8/1/07
00 CGL0006 00 D5 07 Page 1 of 1
0 0
COMMERCIAL AUTO
CA 00 0112 93
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire paltry carefully to determine rights, duties and
what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
"we ", "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V -
DEFiNITIONS.
SECTION I - COVERED AUTOS
ITEM TWO of the Declarations shows the "autos" that
are covered "autos" for each of your coverages. The.
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos ".
A. DESCRIPTION OF COVERED AUTO
DESIGNATION SYMBOLS
SYMBOL DESCRIPTION
1 = ANY "AUTO".
2 = OWNED "AUTOS" ONLY, Only those "autos"
you own (and for liability Coverage any
"trailers" you don't own while attached to power
units you own). This includes those "autos" you
acquire ownership of after the policy begins.
3 = OWNED PRIVATE PASSENGER "AUTOS"
ONLY. Only the private passenger "autos" you
own. This includes those private passenger
"autos" you acquire ownership of after the
policy begins,
4= OWNED "AUTOS" OTHER THAN PRIVATE
PASSENGER "AUTOS" ONLY. Only those
"autos" you own that are not of the private
passenger type (and for Liability Coverage any
"trailers" that you don't own while attached to
power units you own). This includes those
"autos" not of the private passenger type you
acquire ownership of afterthe policy begins.
5 = OWNED "AUTOS" SUBJECT TO NO- FAULT.
Only those "autos" you own that are required to
Have No-Fault benefits in the state where they
are licensed or principally garaged. This
Includes those "autos" you acquire ownership of
after the policy begins provided they are
required to have No-Fault benefits In the state
where they are licensed or principally garaged,
6 = OWNED "AUTOS" SUBJECT TO A
COMPULSORY UNINSURED MOTORISTS
LAW. Only those "autos" you awn that because
of the law In the state where they are licensed
or principally garaged are required to have and
cannot reject Uninsured Motorists Coverage.
This Includes those "autos" you acquire
ownership of after the policy begins provided
they are subject to the same state uninsured
motorists requirement.
7 = SPECIFICALLY DESCRIBED "AUTOS ". Only
those "autos" described In ITEM THREE of the
Declarations for which a• premium charge is
shown (and for Liability Coverage any 'trailers"
you don't own while attached to any power unit
described in ITEM THREE),
8 = HIRED "AUTOS" ONLY. Only those "autos"
you lease, hire, rent or borrow. This does not
Include any "auto" you lease, hire; rent, or
borrow from any of your employees or partners
or members of their households.
9 = NONOWNED "AUTOS" ONLY. Only those
"autos" you do not own, lease, hire, rent or
Darrow that are used in cbnnectlon with your
business. This Includes "autos" owned by your
employees or partners or members of their
households but only while used In your business
or your personal affairs.
B. OWNED AUTOS YOU ACQUIRE AFTER THE
POLICY BEGINS
1. If symbols 1, 2, 3, 4, 5 or 6 are entered next to
a coverage in ITEM TWO of the Declarations,
then you have coverage for "autos" that you
acquire of the type described for the remainder
of the palicy period.
CA 00 0112 93 Copyright, Insurance services Office, Inc., 1903 Pace 1 of 11
2. But, If symbol 7 is entered next to a coverage in
ITEM TWO of the Declarations, an "auto" you
acquire will be a covered "auto" for that
coverage only If:
a.- We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that
coverage; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that
coverage.
C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND
TEMPORARY SUBSTITUTE AUTOS
If Liability Coverage is provided by this - Coverage
Form, the following types of vehicles are also
covered "autos" for Liability Coverage:
1, "Trailers" with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
2. "Mobile equipment" while being carried or
towed by a covered "auto ".
3. Any "auto" you do not own while used with the
permission of Its owner as a temporary
substitute for a covered "auto" you own that Is
out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss'; or
e. Destruction
SECTION II - LIABILITY COVERAGE
A. COVERAGE
We will pay all sums an "insured" legally must pay
as damages because of "bodily Injury" or "property
damage" to which this insurance applies, caused by
an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
We will also pay all sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this Insurance applies, caused by an
"accident" and resulting from the ownership,
maintenance or use of covered "autos ", However,
we will only pay for the "covered pollution cost or
expense" if there is either "bodily injury" or
"property damage" to which this insurance applies
that Is caused by the same "accktent ",
We have the right and duty to defend any "insured"
against a "suit" asking for such damages or a
"covered pollution cost or expense ", However, we
have no duty to defend any "Insured" against a
"sult" seeking damages for "bodily injury" or
"property damage" to which this insurance does not
apply. We may Investigate and settle any claim or
"suit" as we consider appropriate, Our duty to
defend or settle ends when the Liability Coverage
Limit of Insurance has bean exhausted by payment
of judgments or settlements.
Page 2 of 11
1. WHO IS AN INSURED
The following are "Insureds ".
a. You for any covered "auto ".
b, Anyone also while using with your
permission a covered "auto" you own, hire
or borrow except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto".
This exception does not apply If the
covered "auto" is a 'trailer" connected
to a covered "auto" you own,
(2) Your employee if the covered "auto" Is
owned by that employee or a member
of his or her household,
(3) Someone using a covered "auto" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "autos "'unless that business Is
yours.
(4) Anyone other than your employees,
partners, a lessee or borrower or any of
their employees, while moving property
to or from a covered "auto ".
Copyright, Insurance Servicesgifflce, Ina, I9g3
CA 00 01 12 93
0
(5) A partner of yours for a covered "auto"
owned by him or her or a member of his
or her household.
c. Anyone liable for the conduct of an
"Insured" described above but only to the
Went of that liability.
2, COVERAGE EXTENSIONS
a. Supplementary Payments. In addition to
the Limit of Insurance, we will pay for the
"Insured":
(1) All expenses we Incur.
(2) Up to $250 for cost of ball bonds
(including bonds for related traffic law
violations) required because of an
"accidard" We cover. We do not have
to furnish these bonds,
(3) The cost of bonds to release
attachments in any "suit" we defend,
but only for bond amounts within our
Limit of Insurance.
(4) All reasonabie expenses incurred by the
"Insured" at our request, including
actual loss of earning up to $100 a day
because of time off from work.
(5) All costs taxed against the "insured" in
any "suit" we defend.
(S) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any "suit" we defend, but
our duty to pay interest ends when we
have paid, offered to pay or deposited
In court the part of the judgment that Is
within our Limit of Insurance.
b. Out- of-state Coverage Extensions.
While a covered "auto" Is away from the
state where It is licensed we will:
(1) Increase the Limit of Insurance for
Liability Coverage to most the limits
specified by a compulsory or financial
responsibility law of the jurisdiction
where the covered "auto" is being used.
This extension does not apply to the
limit or limits specified by any law
governing motor carriers of passengers
or property.
0
(2) Provide the minimum amounts and
types of other coverages, such as no-
fault, required of out -of -state vehicles
by the jurisdiction where the covered
"auto" is being used.
We will not pay anyone more than once for
the same elements of loss because of these
extensions.
B. EXCLUSIONS
This insurance does not apply to any of the
following:
1. EXPECTED OR INTENDED INJURY
"Bodily injury' or "property damage" expected
or Intended from the standpoint of the "insured ".
�72. CONTRACTUAL
Liability assumed under any contract or
agreement.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract" provided the "bodily
Injury" or "property damage occurs
subsequent to the execution of the contract
or agreement; or
b. That the 'insured" would have In the
absence of the contract or agreement.
3. WORKERS' COMPENSATION
Any obligation for which the "insured" or the
"insured's" Insurer may be hold liable under any
workers' compensation, disability benefits or
unemployment compensation law or any similar
law.
4 EMPLOYEE INDEMNIFICATION AND
EMPLOYER`S LIABILITY
"Bodily Injury" to:
a. An employee of the "insured" arising out of
and in the course of employment by the
"insured "; or
h. The spouse, child, parent, brother or sister
of that employee as a consequence of
paragraph a. above.
CA DO 0112 93 Copyright, Insurance Servioes Offics, Inc., 1993
Page 3 of 11
0 0
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.
mar mra
Person or Organization Job Description
City of Newport Beach, its officers, agents, officials, employees and volunteers
Project:
Superior Avenue Rehabilitation, Contract No. 3869, STPL- 5151(023)
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
811/07 Policy No. 881070243 Endorsement No. 6
Insured
All American Asphalt (A Corp) Policy Effective Date 8/1107
Insurance Company
Seabright Insurance Company
Countersigned By
WC 04 03 06
(Ed. 4-84)
01998 by the Workers' Compensation Insurance meting Bureau of California. All rights ressrret.
0 0
POLICY NUMBER: 72LENGK5491 K2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NAMED PERSON(S) OR ORGANIZATION(S) AS INSURED
This endorsement nwddias insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE.FQRM
TRUCKERS COVFRAGE.FORM
This endorsement changes the policy effective on the Inception date of the policy unless another date is
Indicated below.
Endorsement effective
8lt111D?
Named1nsumd
counterstgrred by ff
All Ametacan Asphalt
I Kathv Lonaz
{r1 \rp1; V fe li( -3
Named Person(a) of Organization(s):
City of Newport Beach, its officers, agents, officials, employees and volunteers
Project:
Superior Avenue Rehabilitation, Contract No. 3$69, STPL- 5151(023)
(if no entry appears above, Information required to complete this endorsement will he 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 11 -
LIABILITY COVERAGE.
It is agreed that such nsurance as afforded by this policy for the benefit of the additional
insured shall be primary insurance as respects any claim, loss, liability aiting directly or
indirectly from the insureds operations and any other insurance maintained by the
additional insured shall be noncontributory with the insurance provided hereunder.
Form HA 99 02 0187 Printed in U.S.A.
Fax #: • •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 1 -14 -08 Dept. /Contact Received From: Shauna Oyler
Date Completed: 1 -16 -08 Sent to: Shauna Oyler By: Rhonda Hemandez
Company /Person required to have certificate: All American Asphalt
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: Arch Specialty Insurance
A. INSURANCE COMPANY: Hartford Fire Insurance
B.
AM BEST RATING (A: VII or greater): A XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes
❑ No
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2 mil agg/1 mil occ
E."
PRODUCTS AND COMPLETED OPERATIONS (Must
® No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
include): Is it included?
® Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
City its officers, officials, employees and volunteers): Is it
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
included?
® Yes ❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ® No
H.
CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence' wording?
❑ Yes ®No
I.
NOTIFICATION OF CANCELLATION: Although there is a provision
that requires
notification of cancellation by certified mail; per Lauren Farley,
the City will accept the
endeavor wording.
I1
AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Hartford Fire Insurance
B. AM BEST RATING (A: VII or greater): A+ XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes
❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided? I mil
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ❑ Yes
® No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ 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.
Y
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Seabright Insurance
B. AM BEST RATING (A: VII or greater): A- IX
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Auto: Additional Insured and endorsement missing.
Local Assistance Procedures Dual
PS &E Checklist Instructions
. EXMIT 12 -E
Attachment A
SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS.
GENERAL. —The work herein proposed will be financed in
whole or in part with Federal funds, and therefore all of the
statutes, rules and regulations promulgated by the Federal Gov-
ernment and applicable to work financed in whole or in part with
Federal funds will apply to such work. The "Required Contract
Provisions, Federal -Aid Construction Contracts, 'Fort 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 II, "Nondiscrimination," and
Section VII, Subletting or Assigning the Contract," of the in-
quired contract provisions, the Contractor shall comply with the
following:
The bidder shall execute the CERTIFICATION WTI'H RE-
GARD TO THE PERFORMANCE OF PREVIOUS CON-
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL
OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED
REPORTS located in the proposal. No request for subletting or
assigning any portion of the contract in excess of $10,000 will
be considered under the provisions of Section VII of the
required contract provisions unless such request is accompanied
by the CERTIFICATION referred to above, executed by the
proposed subcontractor.
NON - COLLUSION PROVISION. —The provisions in this
section are applicable to all contracts except contracts for Federal
Aid Secondary projects.
Title 23, United States Code, Section 112, requires as a condi-
tion precedent to approval by the Federal Highway Administrator
of the contract for this work that each bidder file a sworn statement
executed by, or on behalf of, the person, faro, association, or
corporation to whom such contract is to be awarded, certifying that
such person, firm, association, or corporation has not, either
directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with the submitted bid. A form
to make the non - collusion affidavit statement requited by Section
112 as a certification under penalty of perjury rather than as a
sworn statement as permitted by 28, USC, Sec. 1746, is included
in the proposal.
PARTICIPATION BY DISADVANTAGED BUSINESS EN-
TERPRISES IN SUBCONTRACTING. —Part 26, Title 49,
Code of Federal Regulations applies to this Federal -aid project
Pertinent sections of said Code are incorporated in part or in its
entirety within other sections of these special provisions.
Schedule B— tnfoimation for Determining Joint Venture Eli-
gibility
FR -1
(This form need not be filled in if all joint venture firms are
DEE owned.)
1. Name of joint venture
2. Address of joint venture
3. Phone number of joint venture
4. Identify the firms which
DBE partner must complete S,
re the joint venture. (The
A.)
a. Describe the role D DBE firm in the joint venture.
b. Describe vejy briefly the experience and business
qualifications offiach non -DBE joint venturer.
5. Nature if the joint venture's business
6. Prgkide a copy of the joint venture agreement
7. #hat is the claimed percentage of DBE ownership? _
Ownership of joint venture: (This need not be filled in if
abed in the joint venture agreement, provided by question
Rcvis d3-95
08.07.95
Page 12-65
LPP 01 -04 March 15, 2001
Err 12-E .
Attachment A
a. Profit and loss sharing.
b. Capital contributions, including equipment.
c. Other applicable ownership interests.
9. Control of and participation in this contract. Identify by
name, race, sex, and "firth" those individuals (and their titles)
who are responsible for day -to -day management and policy
decision making, including, but not limited to, those with
prime responsibility for:
a. Financial decisions —1 l�t(J�KKG1G 176&CAS
b. Management decisions, such as:
_ [I
T to
3. Hiring and firin if management personnel
Ay y. sGM00g, PRAES( oaif-
4. Purchasing of major items or suppltes
UAw T). �*scakoe a. ►i
c. Supervision of field operations
�DP.�t31t,1� btmo , UtCt; mlw-
Note. If, attar filing this Schedule B and before the comple-
tion of the joint venture's work on the contract covered by this
re on, there is any significant change in the information
submitted, the joint venture must inform the Van"c' either di-
rectly or through the prime contractor if the joint venture is a
subcontractor.
Affidavit
' the undersigned swear that the foregoing statements are cor-
rect and include all material infomutdon necessary to identify
and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking.
Further, the undersigSnned covenant and agree to provide to
grantee current complere and accurate information regarding as
foal 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 finding agency. Any material misrepresentation
will be grounds for temvnating any contract which may be
awarded and for initiating action under Federal or State laws
concerning false statements."
Reviwd 3-95
09-07.95
FR -2
Lo stance Procedures Manual
S &E Checklist Instructions
tleD Titt}l e
-. %
.............. ll�. !.1.G7[.... r, "`:'�.............
Date Date
Date D-tl Iffl
Stare of 1..4Q-f'�'f gFo+pL�i 'il rT
County of & v —�Lt 0(5�
.On this _day of 19 _, before me
appeared (Name) to me ersonally
known, who, being duty sworn, did execute lh oregoimg affi-
davit, and did state that he or she was pro ly authorized by
(Name of firm) to execute the
affidavit and did so as his or her flee and dead
Notary Public
Commission expires
[Seal]
Date
State of
County of
on this _ ay of 19 before me
appeared (N e) to me personally ]mown,
who, being my sworn, did execute the foregoing affidavit, and
did state he or she was properly authorized by (Name of
firm) to execute the affidavit
and id so as his or her free act and deed.
N Public
Commission expires
[Seall ATn NATR-A -ea ez,
Page 12-66
March 15, 2001 LPP 01 -04
CALIFORNIA ALL - PURPOSE
State of California
County of Riverside ss.
On December 28, 2007 before me, Brenda L. Rooster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley
Name#) -of Signer*
1 BRENDA L. ROYSTER
Comm lsslon # 1700922
z a )- =rV Publin - California
_ ' 4i . Riverside County
MyComm. ExpaasOct26,2010 +
OPTIONAL
2� personally known to me
is of
satiafsctv�
to be the person*whose name*
islalifie-subscribed to the within instrument
and acknowledged to me that helsgpiljwy.
executed the same in hisiffmAieirauthorized
capacitygass , and that by his/hangreir,
signature(ilran the instrument the person(*J-
or, the entlty upon behalf of which the person(# -
acted, executed the instrument.
WIT SS my hand an c el ,- I, �%
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Affidavit— City of Newport Beach
Document Date: December 28, 2007 Number of Pages: 1
Signer(*-Other Than Named Above: None
Signer's Name:
Individual
XCorporate Officer TRIe(e Vice- President
Partner- Limited _General
Attorney -in -Fact
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
Top of thumb here
Local Assistance Procedures IV&i EXMIT ME
PS&E Checklist Instructions Attachment B
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Page
I.
General ........................................ ...............................
3
IT.
Nondiscrimination ...................... ...............................
3
Ill.
Nonsegregated Facilities ............. ...............................
5
IV.
Payment of Predetermined Minimum Wage ..............
6
V.
Statements and Payrolls .............. ...............................
8
VI.
Record of Materials, Supplies, and Labor ..................
9
VII.
Subletting or Assigning the Contract .........................
9
VIII.
Safety: Accident Prevention ....... ...............................
10
IX.
False Statements Concerning Highway Project ..........
10
X.
Implementation of Clean Air Act and Federal Water
Pollution Control Act....................................... :..........
10
XI.
Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion ......................
11
X11.
Certification Regarding Use of Contract Funds for
Lobbying..................................... ...............................
12
ATTACF11v=S
A. Employment Preference for Appalachian Contracts (included
in Appalachian contracts only)
GENERAL
L These contract provisions shall apply to all work performed
on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate
superintendence and to all work performed on the.contract by
piecework, station work, or by subcontract.
2. Except as otherwise provided for in each section, the con-
tractor shall insert in each subcontract all of the stipulations
contained in these Required Contract Provisions, and further re-
quire their inclusion in any lower tie 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 1 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 contacting agency, the DOL, or the
contractor's employees or their representatives.
FR-3
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment
preference for Appalachian contracts, when applicable, as
specified in Attachment A), or
b. employ convict labor for any purpose within the limits of
the project unless it is labor performed by convicts who are on
parole, supervised release, or probation.
II. NONDISCRIMINATION
(A livable 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 fortis 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 connector's project
activities under this contract The Equal Opportunity Conshuction
Contract Specifications set forth under 41 CPR 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 higliway agency
(SHA) and the Federal Government in cazrying 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
"Ii is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin,
age or disability- Such action shall include. employment,
upgrading, demotion, or transfer; recruitment or recruitment ad-
wrtising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprentice-
ship, preoppr inticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make
known to the SHA contracting officers an EEO Officer who will
have the responsibility for and must be capable of effectively
Page 12-67
LPP 01 -04 March 15, 2001
EaiEDBIT 12-E Locs`sistanee 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
w*11 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.
a All personnel who are engaged in direct recruitment for the
project will be inshucted by the EEO Officer in the contractor's
Qrocedures 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. The contractor's EEO policy and the procedures to im-
plement such policy will be brought to the attention of em-
ployees by means of meetings, employee handbooks, or other
appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such adver-
tisements will be placed in publications having a large circulation
among minority groups in the area from which the project work
force would normally be derived.
a. The contractor will, unless precluded by a valid bargaura
agreement, conduct systematic and direct. recruiment through
public and pri vate 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 such identified sources
procedures whereby minority group applicants may be referred
to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to
observe the provisions of that agreement to the extent that the
system permits the contractor's compliance with EEO contract
provisions. (Ile 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.)
a The contractor will encourage his present employees to
Cram 1273 — Revised 3A5
01-07 -95
Form 1273 — Revised 3-95
oa-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 shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national origin,
age or disability. The following procedures shall be followed:
FR-4
a The contractor will conduct "
onduct 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
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with
his obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination nay affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
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 grog and women employees,
and applicants for employment
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, la,
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 is provided under this contract,
this subparagraph will be superseded as indicated in the special
provision.
a The contractor will advise employees and applicants for
employment of available training programs and entrance re-
quirements for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees
and will encourage eligible employees to apply for such training
and promotion.
Page 12 -68
March 15, 2001 LPP 01 -04
Local Assistance Procedures Heal a EXHWrr 12-E
PS&E Checklist Instructions Attachment B
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use his(her
best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions,
and to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a
contractor's association acting as agent will include the procedures
set forth below:
a. The contractor will use best efforts to develop, in coop-
eration with the unions, joint training programs aimed toward
qualifying more minority group members and women for
membership in the unions and increasing the skills of minority
group employees and women so that they may qualify for higher
paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will
be contractually bound to refer applicants without regard to their
race, color, religion, sex, national origin, age or disability
. c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information
to the. contractor, the contractor shall so certify to the SHA and
shall set forth what efforts have been made to obtain such
information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of minority and women referrals within
the time limit set forth in the collective bargaining agreement,
the contractor will, through independent recruitment efforts, fill
the employment vacancies without regard to race, color,
religion, sex, national origin, age or disability; making full
efforts to obtain qualified and/or qualifiable ininority group
persons and women. (Me DOL has held that it shall be no
excuse that the union with which the contractor has a collective
bargaining agreement providing fbr exclusive referral failed to
refer minority employees.) In the event the union referral prac-
tice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of saboontructots,
including procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 26, shall have equal opportunity to compete for and
perform subcontracts which the contractor enters into pursuant
to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors
with meaningful minority group and female representation
among their employees. Contractors shall obtain lists of DBE
construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such
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 prowess and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female
employees; and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with
meaningful minority and female representation among their
employees.
b. The contractors will submit an annual report to the SHA
each July for the duration of the project, indicating the number
of minority, women, and non - minority group employees
currently engaged in each work classification required by the
contract wont. This information is to be reported on Form
FHWA -1391. If on- the -job training is being required by special
provision, the contractor will be required to collect and report
training data
III NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
re 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, Fedend-
aid construction contractor, subcontractor, material supplier, or
vendor, as appropriate, certifies that the firm does not maintain
or provide for its employees an segregated facilities at any of
its establishments, and that the brat does not permit its
employees to perform their services at any location, under is
control, where segregated facilities are maintained. The firm
agrees that a breach of this certification is a violation of the EEO
provisions of this contract The turn 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, reshooms and
washrooms, restaurants and other eating areas, time clocks,
locker rooms, and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees
which are segregated by explicit directive, or are, in fact, seg-
regated on the basis of race, color, religion, national origin, age
or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for
accessibility override (e.g. disabled parking).
From 1273. —Revised 3A5
08 -07 -95
Page 1269
LPP 01 -04 March 15, 2001
EXHIBIT 12 -E LOcWhitance 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. AB 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
tine of payment. The payment shall be computed at wage rates
not less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination ") which
is attached herdo and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between
the contractor or its subcontractors and such laborers and
mechanics. The wage determination (including any additional
classifications and wage rates conformed under paragraph 2 of
this Section IV and the DOL poster (WH -1321) or Form
FHWA -1495) shall be posted at all tithes 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
UM purpose of this Section, contrbutions made or costs
reasonably anticipated for bona fide hinge benefits under
Section l(b)(2) of the Davis -Baron Act (40 U.S.C. 276x) on
behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of Section
IV, pazagraph 3b, hereof. Also, for the purpose of this Section,
regullaarr contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans,
funds, or programs, which cover the particular weekly period,
are deemed to. be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate mid fringe benefits on the wage deter-
mination for the classification of work actually perforated,
without regard to skill, except as provided in paragraphs 4 and 5
of this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that
the employer's payroll records accurately set forth the time spent
in each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR f, 3, and 5 are herein
incorporated by reference in this contract.
From 1273 — Revised 3.95
09-07-95
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 propused 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 weak is performed.
o. 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 Cringe benefits where appropriate), a
report of the action taken shall be scent by the contracting o cer
to the DOL, Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, D.C.
20210. the Wage and Hour Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
d. In the event the contractor or subcontractors, as appro-
priate, the laborers or mechanics to be employed in the addi-
tional classification or their representatives6 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,
including the views of all interested parties and the
recommendation of the contracting officer, to the Wage and
Hour Administrator for determination. Said Administrator, or
an authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or will
notify the contracting officer within One 30-day period that
additional time is necessary
e. The wage rate (including fringe benefits where appro e)
determined pursuant to paragraph 2c or 2d of this Section IV
shall be paid to all wor -leers 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 4&al ElR[Rrr 12 -E
PS&E Checklist Instructions Attachment B
as stated in the wage deternimation or shall pay another bona
fide fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, provided, that the
Secretary of Labor has found, upon the written request of the
contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the DOL,
Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State apprenticeship
agency recognized by the Bureau, or if a person is employed
in hisllher first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not
Mdually registered in the programs, but who has been
certified by the Bureau of Apprenticeship and Training or a
State aapppprenticeship agency (where appropriate) to be eligible
for pro 'o employment as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level
employees an the job site in any craft classification shall not
be greater than the ratio permitted to the contractor as to the
entire work fora under the registered program Any
employee listed on a payroll at an apprentice wage rate, who
is not re gistered or of ml eruwise 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 then the applicable
wage rate on the wage determination for the work actually
performed. Where a contractor or subcontractor is
perforating caushuction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman -level
hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level
of progress, expressed as a percentage of the joumeyman-
level hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage detemhination for the applicable
classification. if the Administrator for the Wage and Hour
Division determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in
accordance with that determination.
FR -7
(4) In the event the Bureau of Apprenticeshipp 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 ble work performed by regular employees
until an accep�tmai'le program is approved.
b. Trainees:
(t) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL,
Employment and Training Administration.
(2) The ratio of trainees to journejmran4evel employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration.
Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the
Employment and Training Administration shall be =not
less than the applicable wage rate on the wage determination
for the classification of work actually performed In addition,
any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for hivher Ievel of
pro journeyman
-level
expressed as a percentage of the journeym-level
hourly rate specified in the applicable wage determination.
Trainees small be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the fill
amount of fringe benefits listed on the wage determination
unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated
with the corresponding journeyman -level wage rate on the
wage determination which provides for less tltan fill fringe
benefits for apprentices, in which can such trainees shall re-
ceive the same fringe benefits as apprentices.
(4) hi the event the Employment and Training Adminis-
nation withdraws approval of a training program, the con-
tractor or subcontractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
C. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a
payroll at a helper wage rate, who is not a helper trader an
approved definition, shall be paid not less than the applicable
wage rate on the wage detemtnation for the classification of
work actually performed.
Form 1273 — Revisal 7-9$
0607.9$
Page 12 -71
LPP 01-04 March 15, 2001
EDIT 12 -E
Attachment B
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticesbip and skill
training programs which have been certified by the Secretary of
Transportation as promoting 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 terms 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 he
withheld, from the contractor or subcontractor under this contract
or any other Federal contract with the same prime contractor, or
any other federally - assisted contract subject to Davis -Bacon
prevailing wage requirements which is held by the same prime
contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including
apprentices, hatnees, and helpers, employed by die contractor or
any subcontractor the full amoua 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 may, 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 in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in
any workweek in which he/she 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 thnes 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 his/her unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory) for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer, mechanic, watchman, or
$nand employed in violation of the clause set forth in p 7,
m the sum of $10 for each calendar day on which such emp oyee
was required or permitted to work in excess of the stand
week of 40 hours without payment of the overtime wages required
by the clause set forth in paragraph 7.
Form 1273 —Revised 3-95
0847.95
Lotsistance Procedures Manual
PS &E Checklist Instructions
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of
any authorized representative of the DOL withhold, or cause to be
withheld, from any moneys payable on account of work perforated
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
$2,000 and to all related subcontracts, exempt 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 Regulations of
the Secretary of Labor which are herein incorporated by reference.
FR-8
2. Payrolls and Payroll Records:
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 shall 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 Sec-
tion IV, paragraph 3b, has found that the wages of any laborer
or mechanic include the amount of any costs reasonably
anticipated in providin benefits under a plan or program
described in Section 1&2)(B) of the Davis Bacon Act, the
contractor and each subcontractor shall maintain records which
show that the commitment 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 Mal EXHIBIT 12-E
PS&E Checklist Instructions - Attachment B
c. Each contractor and subcontractor shall furnish, each week
in which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees
(including apprentices, trainees, and helpers, described in
Section IV, paragraphs 4 and 5, and watchmen and guards en-
gaged on work during the preceding weekly payroll period).
The payroll submitted shall set out accurately and completely all
of the information required to be maintained under paragraph 2b
of this Section V. This information may be submitted in any
form desired Optional Form WH -347 is available for this
propose 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) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of
this Section V and that such information is correct and
complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as set
forth in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less
that the applicable wage rate and fringe benefits or cash
equivalent for the classification of worked performed, as
specified in the applicable wage determination incorporated
into the contract.
e. The weekly submssion of a properly executed certification
set forth on the reverse side of Optional Form WH -347 shall
satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under 18
U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records in-
quired under paragraph 2b of this Section V available for in-
spection, copying, or transcription by authorized representatives
of the SHA, the FHWA, or the DOL, and shall perdt such
representatives to interview employees during working hours on
the job. If the contractor or subcontractor fails to submit the re-
quired records or to make them available, the SHA, the FHWA,
the DOL or all may, after written notice to the contractor,
sponsor, applicant, or owner, take such actions as may be nec-
essary to cause the suspension of any f itther payment, advance,
or guarantee of fluids. 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 -47, "Statement of Materials
and Labor Used by Contractor of Highway Construction
Involving Federal Funds," prior to the commencement of work
under this contract
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA -47, and in the units shown on Form FHWA -47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA -47 together with the data
required in paragraph lb relative to materials and supplies, a
final labor summary of all contract work indicating the total
hours worked and the total amount eared.
2. At the prime contractor's option, either a single report
covering all contract work .or separate reports for the contractor
and for each subcontract shall be submitted.
VH. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall pe
contract work amounting to ne
percentage if specified elsewl
original contract price, excludit
the State. Specialty items mx
the amount of any such speciali
from the total original contract
of work required to be pet
organization (23 CFR 635).
FR -9
with its own organization
than 30 percent (or a greater
n the contract) of the total
specialty items designated by
erf ri med by subcontract and
is performed may be deducted
before computing the amount
d by the contractor's own
a. 'Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor, assignee, or agent of the prime
contractor.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid on the contract as a
whole and in general are to be limited to minor components of
the overall contract
Foma 1273 — Revised 3 -95
08-07-95
Page 12-73 -
LPP 01 -04 March 15, 2001
RXEIBTI' 12 -E • Locslsistance Procedures Manual
Attachment B PS &E Checklist Instructions
2. The contract amount upon which the requirements set forth in
paragraph I of Section VU is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall he sublet, ass,gned 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.
VIM SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws governing
safety, health, and sanitation (23 CFR 635). The contractor shall
provide all safeguards, safety devices and protective equipment
and take any other needed actions as it determines, or as the SHA
contacting officer may determine, 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 erWloyee, in performance of the contract, to
work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to hislher health or safety, as determined
under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 333),
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative thereof,
shall have right of entry to any site of contract performance to
inspect or investigate the matter of compliance with the
construction safety and health standards and to carry out the duties
of the Secretary under Section 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 333).
DL FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made b
ears, contractors, suppliers, and workers on Federal -aid
h way pro tects, it is essential that all persons concerned with the
project perform their tbnctions as carefully, thoroughly, and
honestly 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-
Fomm 1273 — Revised 3-95
a8 -07-95
gar cc the seriousness of these and siadlar acts, the following
nonce shall be posted on each Federal -aid highway project (23
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON
FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"W%oewr being an officer; agent, or employee of the United
States, or any State or Territory, or whoever, whether a person,
association, Ilan, or corporation, knowingly makes any false
statement, false representation, Dr false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or
the cast thereof in connection with the submission ofplans, maps,
sperm cations, contracts or costs of construction on any highway
or related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false repre-
sentation, false report or false claim with respect to the character,
quality, quantity, or cost of any work performed or to be per-
formed, or materials furnished or to be furnished in connection
with the construction of any highway or related project approved
by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false repre-
natation as to material fact in any statement, aerilfwate, or report
submitted pursuant to provisions of the Federal -aid Roads Oct
approved July 1, 1916, (39 Stat. 355), as amended and sup-
plemented:
Shall be fined not more that $10,000 or imprisoned not more
than 5 years or both. "
X. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $100,000 or mote.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
1. That any facility that is or will be utilized in the performance
of this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 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, on the
U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15.20,
2. That the firm agrees to comply and retrain 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 -l0
Page 12-74
March 15, 2001 LPP 01 -04
Local Assistance Procedures Heal
,
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 fun agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such re-
quirements-
XL CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered
Transactions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in
connection with the department or agency's determination
whether to enter into this transaction. However, failure of the
prospective primary participant to famish 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 detennined 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 erroneous by reason of changed
circumstances.
e. The terms. "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered
transaction," "participant,"
pota�ry �ransaction,'"
and "voluntarily „ � llaUSe, hve 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 pro, submitted for
assistance in obtaining a copy of those regu lions.
E The prospective primary participant agrees by subimtting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
coveted transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency entering into this transaction.
FR -11
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Bxclusion -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
cer ifica ion 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 porticipact mayy
decide the method and frequency by which it determines the el-
igibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Lists of
Parties Excluded From Federal Procurement or Nouprocurement
Programs" (Nonprocurement List) which is compiled by the
General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require es[ablishmeat of a system of records in order to render in
ggood faith the certification required by this clause. The
lnowledge 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 partictpatton in this transaction, in addition to
other remedies available to the Federal Government, the do-
parhnent or agency may terminate this transaction for cause or
default.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
ExNasion— Primary Covered Transactions
1. The prospective primary participant certifies to the best of
its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
b. Have not within a 3 -year period preceding this proposal
been convicted of or had a civil judgment rendered against
them for cotrmmission of fraud or a crim nal offense in
connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entry (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph lb of this certification; and
Foram 1273 — Revised 395
08-07.95
Page 12 -75
LPP 01 -04 March 15, 2001
EXEIIBIT 12-E ' Lo stance Procedures Manna!
Attachment B - �PS&E Checldist Instructions
d. Have not within a 3 -year period preceding this ap-
plication/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
2. where the prospective primary participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
xxxxx
2. Instructions for Certification - Lower Tier Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department or agency with which this
transaction on' ggttnated may pursue available remedies, including
suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
teams that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred,- "suspended,"
"ineligible," 'primary covered transaction," "participant,"
"person;' "principal;' "proposal," and 'voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order
12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
e. The prospective Iowa tier participant agrees by submitting
this proposal should the proposed covered transaction be
entered into, it 1 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 whieb this transaction originated.
f: The prospective lower tier participant further agrees by
submitting this proposal that it will Include this clause titled
"Certification Regarding Debannent,'Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction;
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
X A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tie 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
Pam 1273 — Reviud 3.95
0"7.95
required to, check the Nonprocurement List
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person in
the ordinary course of business dealings.
I. Except for 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.
xxxxx
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
2. where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
xxxxx
AH. CERTIFICATION REGARDING USE OF
CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
relatod subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her knowledge
and belief; that:
a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an o tcer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, 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 paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract,
FR-12
Page 12 -76
March 15, 2001 LPP 01 -04
Local Assistance Procedures>'ual
PS &E Checklist Instructions
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its inductions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or en-
tered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C.
1352. Any person who fails to file the required certification shall
• EXHIBIT 17-E
- Attachment B
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or
her bid or proposal that he or she shall requite that the language of
this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and
disclose accordingly.
FEDERAL -AID FEMALE AND MINORITY GOALS
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 SWyou; CA Tolima.
175 Eureka, CA:
NonSMSA Counties ...................
CA Del Norte; CA Humboldt;
'CA Trinity.
176 San Francisco - Oakland -San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-
Monterey, CA ............ ...............................
CA Monterey.
7360 San Francisco - Oakland, CA ................
CA Alameda; CA Contra Costa;
CA Marin; CA San Francisco;
CA San Mateo.
7400 San Jose, CA ............. ...:.......................
CA Santa Clara.
7485 Santa Cruz, CA ..... ...............................
CA Santa Cruz.
7500 Santa Rosa, CA ..... ...............................
CA Sonoma.
8720 Vall ejo- Fairflield -Napa, CA ................
CA Napa; CA Solana
Non-SMSA Counties ......... ...............................
CA Lake; CA Mendocino;
CA San Benito.
Goal
(Percent)
SMSA Counties:
6920 Sacramento, CA .... ............................... 16.1
CA Placer, CA Sacramento;
CA Yolo.
Non -SMSA Counties .................
CA Butte; CA Colusa;
CA El Dorado; CA Glenn;
CA Nevada; CA Sierra;
CA Sutter, CA Yuba,
178 Stockton - Modesto, CA:
14.3
FR -13
Page 12-77
LPP 01 -04 March 15, 2001
SMSA Counties:
6.8
5170 Modesto, CA ........ ...............................
12.3
CA Stanislaw.
8120 Stockton, CA ........ ...............................
24.3
CA San Joaquin.
Non -SMSA Counties ......... ...............................
19.8
CA Alpine; CA Amador;
6.6
CA Calaveras; CA Mariposa; .
CA Merced; CA Tuolumne.
179 Presno- Bakersfield, CA:
SMSA Counties:
0680 Bakersfield, CA .... ...............................
19.1
CA Kem.
28.9
2840 Fresno, CA ............... ...........................
26.1
CA Fresno.
25.6
Non -SMSA Counties ............. ...........................
23.6
CA Kings; CA Madera;
CA Tulare.
19.6
180 Los Angeles, CA:
SMSA Counties
14.9
0360 Anaheim-Santa Ana- Garden
9.1
Grove, CA . ....................... .........................
11.9
CA Orange.
4480 Los Angeles -Long
17.1
Beach, CA .................. ...............................
28.3
CA Los Angeles.
6000 Oxnard -Simi Valley -
23.2
Ventura, CA ............... ...............................
21.5
CA Ventura.
room_ i 1273 — Revised 305
0807.95
FR -13
Page 12-77
LPP 01 -04 March 15, 2001
EDIT 12 -E • LocAbsistance Procedures Manual
Attachment B S&-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
Nan -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 $10,000 or more, shall submit for every month of July during which work is performed, employment data
as contained under Form FHWA PR -1391 (Appendix C to 23 CPR, Part 230), and in accordance with the instructions included thereon.
Form 1273 — Revised 3-95
08-07-95
FR-14
Page 12 -78
March 15, 2001 LPP 01 -04
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
SUPERIOR AVENUE REHABILITATION
STPL -5151 (023)
CONTRACT NO. 3869
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. 3869 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
Lump Sum Mobilization
� h erjt y -N-^ nd
Cents $ 2g
Per Lump Sum
2. Lump Sum Traffic Control
@!)r34 _ Dollars
and
Cents $
Per Lump Sum
3. Lump Sum Install and Maintain Advisory Signs
@
Six *km's' Dollars
and
Cents $
Per Lump Sum
PR2of5
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. Lump Sum Surveying Services
@'U'YY,ow�.�. s,;c Dollars
and
Cents
Per Lump Sum
5. 350,000 SF Cold Mill AC Pavement
@ Dollars
and
Cents
Per Square Foot
6. 550 TN AC Leveling Course
@ `._i'onn6j •h,n« Dollars
and
Cents
Per Ton
7. 6,500 TN ARHM Surface Course
@ �yA�nKt Dollars
and
Cents
Per Ton
8. 12,000 SF Remove AC Pavement and
Place 4" Full Depth AC (Dig -out)
@ `Nxe,, Dollars
and
Cents
Per Square Foot
$ _ $ 'SD_l,
9. 41 EA Remove and Replace with New Valve
Box and Cover to Grade (CNB)
@1 , Dollars
and
Cents
Per Each
1
PR3of5
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 20 EA
11. 25 EA
12. 3 EA
13. 1 EA
14. 13 EA
Remove and Replace with New Valve
Box and Cover to Grade (MCWD)
Cc y o4AIJWJ Ji, Dollars
and
Cents
Per Each
Adjust Manhole Frame and
Cover to Grade
( turn laude j:jhh *Dollars
and
Cents
Per Each
Remove and Replace with New Survey
Monument Frame and Cover to Grade
@bu �La,+�rtAawj �1 r Dollars
^wand
Cents
Per Each
Remove and Replace with
New Pull Box to Grade
and
Cents
Per Each
Remove and Reconstruct
Curb Access Ramp
oi4uneami,rL,r� Dollars
and
Cents
Per Each
$ $ -7so -
$ 2 5617 $
15. 1 EA Remove and Replace City Supplied
Manhole Frame and Cover to Grade
@Jt,W W aJJXJi Dollars
and
Cents
Per Each
3a,5�a
$ —Yau—,— $ ySo.
PR4of5
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
16. 110 LF Remove and Reconstruct Type A
Curb and Gutter
w�Dollars
and t�Iq �
Cents $ $Ro _
Per Linear Foot
17. 300 SF Remove and Reconstruct
Partial Cross Gutter
@ Vi Gh Dollars
and
Cents $ S�w
Per Square Foot
18. 2,100 SF Remove and Reconstruct
Driveway Approach
Dollars
and
Cents $ 14.— $
Per Square.Foot
19. 100 SF Remove and Reconstruct
Sidewalk
@titt,n Dollars
and
Cents
$ ( .L4QD
Per Square Foot
20. 160 SF Remove and Reconstruct
Concrete Pavement
@ Dollars
and
Cents
Per Square Foot
21. Lump Sum Remove and Reconstruct
Raised Concrete Island
ui Dollars
and
Cents
$ 5�
Per Lump Sum
PR5of5
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
22.
23.
24.
72 EA
Lump Sum
Lump Sum
Replace Traffic Signal Detector Loop
(a)- YuAn�Kd Dollars
and
Cents
Per Each
Install Striping, Markings
And Markers
�@ c Dollars
and
Cents
Per Lump Sum
Provide As -built Drawings
@v�r 4uudrr Dollars
and
Cents
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
R
$ -tco - —
lars
o
and y1b Cents $�ZfR(a2 ✓ • l�
Total Price (Figures)
Ne,94 . _ 1'.)-11-00_7
Date
Qs7?3(r-Q(0070 1 4s1- 734- 61 t l���
Bidder's Telephone and Fax Numbers
"- X0767 3 - 9-, C -1 )L.
Bidder's License No(s).
and Classification(s)
I J _ i1. !tom f J
Last saved by srooks11101 /2007 4:15 PM.
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Issue Date: 01/19/1971
........ _._........_..._. ___......_.__. _.......... .. .........................
Expire Date: 01131/2010 01 0
- - -- ____. .............. ............ .. .... ........... .
License Status: This license is current and active. All information below should b.
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.. ._..... ........ .. .. ................ ... .. .. __.._.......
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Corporation
ALL AMERICAN ASPHALT
Number: C0570879
Date Filed: 5/26/1969
Status: active
Jurisdiction: California
Address
PO BOX 2229
CORONA, CA 92878
Agent for Service of Process
THOMAS TOSCAS
400 E SITH ST
CORONA, CA 92879
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revoked. Please refer to California Corporations Code Section 2114 for information relating to
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Encompass Detail
Acct. Type: Business Tax
License #: BT00007128
Bus. ID: 0002322
Name: ALL AMERICAN ASPHALT
Owner
Name: ALL AMERICAN ASPHALT
Owner C
Type:
Exp. Date: 4/30/2008
S Addy: 400 E 6TH ST
S Addy 2:
Addr3: CORONA CA
Zip: 92878
B Addrl: PO BOX 2229
B Addr2:
B Addr3: CORONA, CA
B Zip: 91718 -2229
Phone: 714-736-7600
FEIN:952595043
SEIN:0570879
Established: 501980
SIC: 1611 - HIGHWAY & STREET
CONSTRUCTION
Owner #: 0002322
# of Emps: 1
usr1: 2428
usr2: BT00007128
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PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
SUPERIOR AVENUE REHABILITATION
STPL -5151 (023)
CONTRACT NO. 3869
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 5
2 -12.6
DBE Certification Status 5
2 -12.7
Performance of DBE Subcontractors and Suppliers 6
2 -12.8
Subcontracting 6
2 -12.9
Prompt Progress Payment to Subcontractors 6
2 -12.10
Prompt Payment of Funds Withheld to Subcontractors 7
SECTION 3
CHANGES IN WORK 7
3 -3
EXTRA WORK 7
3 -3.2
Payment 7
3 -3.2.3
Markup 7
SECTION 4
CONTROL OF MATERIALS 8
4 -1
MATERIALS AND WORKMANSHIP 8
4 -1.3
Inspection Requirements 8
4 -1.3.4
Inspection and Testing 8
0 0
SECTION 5
UTILITIES
8
5 -1
LOCATION
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
9
6 -1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF WORK
9
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
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
10
7 -5
PERMITS
10
7 -7
COOPERATION AND COLLATERAL WORK
10
7 -8
PROJECT SITE MAINTENANCE
11
7 -8.5
Temporary Light, Power and Water
11
7 -8.6
Water Pollution Control
11
7 -8.6.1
Best Management Practices and Monitoring Program
11
7 -10
PUBLIC CONVENIENCE AND SAFETY
12
7 -10.1
Traffic and Access
12
7 -10.2
Storage of Equipment and Materials in Public Streets
12
7 -10.3
Street Closures, Detours, Barricades
12
7 -10.4
Safety
13
7- 10.4.1
Safety Orders
13
7 -10.5
"No Parking" Signs
13
7 -10.7
Notices to Adjacent Businesses and Residents
13
7 -15
CONTRACTOR'S LICENSES
14
7 -16
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS
14
0 0
SECTION 9
MEASUREMENT AND PAYMENT
14
9 -3
PAYMENT
14
9 -3.1
General
14
9 -3.2
Partial and Final Payment
17
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS
18
201 -1
PORTLAND CEMENT CONCRETE
18
201 -1.1.2
Concrete Specified by Class
18
201 -2
REINFORCEMENT FOR CONCRETE
18
201 -2.2.1
Reinforcing Steel
18
SECTION 214
PAVEMENT MARKERS
18
214 -4
NONREFLECTIVE PAVEMENT MARKERS
18
214 -5
REFLECTIVE PAVEMENT MARKERS
18
SECTION 215
ADVISORY SIGNS
18
215.1
GENERAL
18
PART 3 - -- CONSTRUCTION METHODS
SECTION 300
EARTHWORK
19
300 -1
CLEARING AND GRUBBING
19
300 -1.3
Removal and Disposal of Materials
19
300 -1.3.1
General
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 -5.4
Tack Coat
20
302 -6
PORTLAND CEMENT CONCRETE PAVEMENT
20
302 -6.6
Curing
20
0 0
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
20
303-5
CONCRETE CURBS, WALKS, GUTTERS, CROSS
20
600 -2
GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS AND DRIVEWAYS
20
303 -5.1
Requirements
20
303 -5.1.1
General
20
303 -5.5
Finishing
20
303 -5.5.1
General
20
303 -5.5.2
Curb
20
303 -5.5.4
Gutter
21
SECTION 307
STREET LIGHTING AND TRAFFIC SIGNALS
21
307-4
TRAFFIC SIGNAL CONSTRUCTION
21
307 -4.9.3
Inductive Loops
21
SECTION 310
PAINTING
21
310 -5
PAINTING VARIOUS SURFACES
21
310 -5.6
Painting Traffic Striping, Pavement Markings, and Curb
Markings
21
310 -5.6.6
Preparation of Existing Surfaces
21
310 -5.6.7
Layout, Alignment and Spotting
21
310 -5.6.8
Application of Paint
21
SECTION 312
PAVEMENT MARKER PLACEMENT AND REMOVAL
22
312 -1
PLACEMENT
22
PART 6
SECTION 600
MODIFIED ASPHALTS, PAVEMENTS AND
PROCESSES
22
600 -2
CRUMB RUBBER MODIFIED (CRM) BINDERS AND
PAVEMENTS — WET PROCESS
22
600 -2.1
Asphalt- Rubber
22
600 -2.1.1
General
22
600 -2.6
Asphalt- Rubber Hot Mix Gap- Graded
22
600 -2.6.3
Rolling
22
APPENDIX A — ADVISORY SIGNS
APPENDIX B — MCWD WATER VALVE BOX STANDARD DRAWING
APPENDIX C — CALTRANS ENCROACHMENT PERMIT
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
SUPERIOR AVENUE REHABILITATION
CONTRACT NO. 3869
STPL -5151 (023)
INTRODUCTION
SP 1 OF 23
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- 5912 -S); (3) the City's
(2004 Edition), including Supplements; (4) Standard Specifications for Public Works
Construction (2003 Edition), including supplements; (5) Caltrans Standard
Specifications (Latest Edition). Copies of the Standard Special Provisions and
Standard Drawings may be purchased at the Public Works Department. Copies of the
Standard Specifications may be purchased from Building News, Inc., 1612 South
Clementine Street, Anaheim, CA 92802, 714 - 517 -0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion
of this contract consists of mobilization, traffic control, construction notifications, survey
services, cold milling, asphalt concrete overlay, reconstruction of concrete access
ramps and driveways, signing and striping and all other incidental items of work
necessary to complete the work in place.
2 -9 SURVEYING
2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed
Land Surveyor shall 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 Jeffrey A. Walden who can be
• • SP2OF23
contacted at (949) 660 -0110. At a minimum, two (2) sets of cut - sheets for all areas shall be
included in the bid price and copies of each set shall be provided to City 48 -hours in
advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey
with the County Surveyor's Office is required after the completion of Work. Prior to any
demolition Work the Contractor shall prepare and submit the Comer 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 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.
•. • SP3OF23
The successful bidder's "LOCAL AGENCY BIDDER - DBE INFORMATION" form should
include the names, addresses and phone numbers of DBE firms that will participate,
with a complete description of work or supplies to be provided by each, and the dollar
value of each DBE transaction. When 100 percent of a contract item of work is not to
be performed or furnished by a DBE, a description of the exact portion of that work to be
performed or furnished by that DBE should be included in the DBE information,
including the planned location of that work. A successful bidder certified as a DBE
should describe the work it has committed to performing with its own forces as well as
any other work that it has committed to be performed by DBE subcontractors, suppliers
and trucking companies.
The successful bidder is encouraged to provide written confirmation from each DBE that
the DBE is participating in the contract. A copy of a DBE's quote will serve as written
confirmation that the DBE is participating in the contract. If a DBE is participating as a
joint venture partner, the successful bidder is encouraged to submit a copy of the joint
venture agreement.
The "LOCAL AGENCY'S BIDDER - DBE INFORMATION" form should be completed
and returned to the Agency by the successful bidder with the executed contract and
contract bonds.
A "Payee Data Record" form will be included in the contract documents to be executed
by the successful bidder. The purpose of the form is to facilitate the collection of
taxpayer identification data. The form shall be completed and returned to the Agency by
the successful bidder with the executed contract and contract bonds. For the purposes
of the form, payee shall be deemed to mean the successful bidder. The form is not to
be completed for subcontractors or suppliers. Failure to complete and return the "Payee
Data Record" form to the Agency as provided herein will result in the retention of 31
percent of payments due the contractor and penalties of up to $20,000. This retention
of payments for failure to complete the "Payee Data Record" form is in addition to any
other retention of payments due the Contractor.
2 -12.2 LABOR NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of
Title 2, California Code of Regulations.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause ", set forth in Section 7-
1.01A(4), "Labor Discrimination," of the Caltrans Standard Specifications, which is
applicable to all nonexempt state contracts and subcontracts, and to the "Standard
California Nondiscrimination Construction Contract Specifications" set forth therein. The
Specifications are applicable to all nonexempt state construction contracts and
subcontracts of $5,000 or more.
0
2 -12.3 PREVAILING WAGE
• SP 4 OF 23
This is a federally assisted construction contract and the higher of State of California or
Federal prevailing wages must be paid to all workman employed on this project.
Federal and State of California labor standards provisions, including prevailing wage
requirements of the Davis -Bacon and Related Acts, will be enforced. The current
Federal and State prevailing wage rates under which the work is to be done is attached
hereto and is available at the Public Works Department, 3300 Newport Blvd., Newport
Beach, CA 92663. Updates to the general prevailing wage rates are available at web
sites set forth in this section and shall be reviewed by the contractor prior to submitting a
bid for the work. In the event of a conflict between the Federal General Wage Decision
as established by the United States Department of Labor (available at
www. access .gpo.gov /davisbacon /ca.htmi) and the State General Prevailing Wage
Determination as established by the California Department of Industrial Relations and is
available at the following website: http: / /www.dir.ca.gov /DLSR/PWD /index.htm, the
higher of the two will prevail. Lower State wage rates for work classifications not
specifically included in the Federal wage decision are not acceptable. This includes
"helper" (or other classifications based on hours of experience) or any other
classification not appearing in the Federal wage decision.
Please note that pursuant to applicable provisions of the Labor Code of the State of
California and the Davis Bacon Act, not less than the general prevailing rate of per diem
wages including legal holidays, and overtime work for each craft or type of workman
needed to execute the work contemplated under this agreement, shall be paid to all
workmen employed on the work to be done according to this contract by the Contractor
or any Subcontractor, and shall be deemed to include employer payments for health and
welfare, pension, vacation and similar purposes. The Contractor shall be required to
post at the job site the prevailing rate per diem wages.
2 -12.4 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES
When the presence of asbestos or hazardous substances are not shown on the plans or
indicated in the specifications and the Contractor encounters materials which the
Contractor reasonably believes to be asbestos or a hazardous substance as defined in
Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous
substance has not been rendered harmless, the Contractor may continue work in
unaffected areas reasonably believed to be safe. The Contractor shall immediately
cease work in the affected area and report the condition to the Engineer in writing.
In conformance with Section 25914.1 of the Health and Safety Code, removal of
asbestos or hazardous substances including exploratory work to identify and determine
the extent of the asbestos or hazardous substance will be performed by separate
contract.
If delay of work in the area delays the current controlling operation, the delay will be
considered a right of way delay and the Contractor will be compensated for the delay in
• • SP5OF23
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.
Upon completion of the contract, a summary of these records shall be prepared on
"Final Report- Utilization of Disadvantaged Business Enterprises (DBE), First Tier
Subcontractors" Form CEM- 2402(F) and certified correct by the Contractor or the
Contractor's authorized representative, and shall be furnished to the Engineer. The
form shall be furnished to the Engineer within 90 days from the date of contract
acceptance. The amount of $10,000 will be withheld from payment until a satisfactory
form is submitted.
Prior to the fifteenth of each month, the Contractor shall submit documentation to the
Engineer showing the amount paid to DBE trucking companies. The Contractor shall
also obtain and submit documentation to the Engineer showing the amount paid by DBE
trucking companies to all firms, including owner- operators, for the leasing of trucks. If
the DBE leases trucks from a non -DBE, the Contactor may count only the fee or
commission the DBE receives as a result of the lease arrangement.
The Contractor shall also obtain and submit documentation to the Engineer showing the
truck number, owner's name, California Highway Patrol CA number, and if applicable,
the DBE certification number of the owner of the truck for all trucks used during that
month. This documentation shall be submitted on "Monthly DBE Trucking Verification"
Form CEM- 2404(F).
2 -12.6 DBE CERTIFICATION STATUS
If a DBE subcontractor is decertified during the life of the project, the decertified
subcontractor shall notify the Contractor in writing with the date of decertification. If a
subcontractor becomes a certified DBE during the life of the project, the subcontractor
shall notify the Contractor in writing with the date of certification. The Contractor shall
furnish the written documentation to the Engineer.
Upon completion of the contract, "Disadvantaged Business Enterprises (DBE)
Certification Status Change" Form CEM- 2403(F) indicating the DBEs' existing
certification status shall be signed and certified correct by the Contractor. The certified
form shall be furnished to the Engineer within 90 days from the date of contract
acceptance.
0
• SP6OF23
2 -12.7 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS
The subcontractors listed by the Contractor in conformance with Section 2- 1.054,
"Required Listing of Proposed Subcontractors," of the Caltrans Standard Specifications,
shall perform the work and supply the materials for which they are listed, unless the
Contractor has received prior written authorization to perform the work with other forces
or to obtain the materials from other sources.
The Contractor should notify the Engineer in writing of any changes to its anticipated
DBE participation. This notice should be provided prior to the commencement of that
portion of the work.
2 -12.8 SUBCONTRACTING
Attention is directed to the provisions in Section 8 -1.01, "Subcontracting," of the Caltrans
Standard Specifications and these special provisions.
The provisions in the third paragraph of Section 8 -1.01, "Subcontracting," of the Caltrans
Standard Specifications, that the Contractor shall perform with the Contractor's own
organization contract work amounting to not less than 50 percent of the original contract
price, is not changed by the Federal Aid requirement specified under "Required Contract
Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions
that the Contractor perform not less than 30 percent of the original contract work with
the Contractor's own organization.
Each subcontract and any lower tier subcontract that may in turn be made shall include
the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of
these special provisions. Noncompliance shall be corrected. Payment for
subcontracted work involved will be withheld from progress payments due, or to become
due, until correction is made. Failure to comply may result in termination of the contract.
Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor
Commissioner publishes and distributes a list of contractors ineligible to perform work as
a subcontractor on a public works project. This list of debarred contractors is available
from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html.
2 -12.9 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of
receipt of each progress payment in accordance with the provision in Section 7108.5 of
the California Business and Professions Code concerning prompt payment to
subcontractors. The 10 days is applicable unless a longer period is 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
0- • SP7OF23
remedies of that section. This requirement shall not be construed to limit or impair any
contractual, administrative, or judicial remedies otherwise available to the contractor or
subcontractor in the event of a dispute involving late payment or nonpayment by the
prime contractor, deficient subcontract performance, or noncompliance by a
subcontractor. This provision applies to both DBE and non -DBE subcontractors.
2 -12.10 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The agency shall hold retention from the prime contractor and shall make prompt and
regular incremental acceptances of portions, as determined by the agency, of the
contract work, and pay retention to the prime contractor based on these acceptances.
The prime contractor, or subcontractor, shall return all monies withheld in retention from
a subcontractor within 30 days after receiving payment for work satisfactorily completed
and accepted including incremental acceptances of portions of the contract work by the
agency. Federal law (49CFR26.29) requires that any delay or postponement of
payment over 30 days may take place only for good cause and with the agency's prior
written approval. Any violation of this provision shall subject the violating prime
contractor or subcontractor to the penalties, sanctions and other remedies specified in
Section 7108.5 of the Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual, administrative, or judicial remedies
otherwise available to the prime contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the prime contractor, deficient subcontract
performance, or noncompliance by a subcontractor. This provision applies to both DBE
and non -DBE prime contractors and subcontractors.
SECTION 3 - -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall be
added for compensation for bonding.
(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.
•
• SP8OF23
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in the
work until it has been inspected and accepted by the Engineer. The Contractor shall furnish
the Engineer full information as to the progress of the work in its various parts and shall give
the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection.
Submittals are required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed
tests or inspections are required because of unsatisfactory results in the manner in which
the Contractor executed the work, such tests and inspections shall be paid for by the
Contractor.
SECTION 5- -- UTILITIES
5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or
phase of work, the Contractor shall remove all USA utility markings."
5 -2 PROTECTION. Add the following: "In the event that an existing 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 or replace to finish grade
City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and
survey monuments.
The Contractor will be required to contact Southern California Edison, The Gas Company,
SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted
to finish grade. The Contractor shall coordinate with each utility company for the
adjustment of their facilities.
5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain
manhole (including grade rings), meter or valve box covers. The Contractor shall salvage
all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard
at 949 West 16th Street. The Contractor shall make arrangements for the delivery of
salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718-
3402.
0
• SP9OF23
SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section: "The time of completion as specified in Section 6 -7, shall commence on the date of
the 'Notice to Proceed."
No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting
has been conducted, and a schedule of work has been approved by the Engineer. The
Contractor shall submit a construction schedule to the Engineer for approval a minimum of
five working days prior to commencing any work. Schedule may be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the schedule
to conform to the requirements of the Contract Documents. If work falls behind the approved
schedule, the Contractor shall be prohibited from starting additional work until Contractor has
exerted extra effort to meet the original schedule and has demonstrated that the ability to
maintain the approved schedule in the future. Such stoppages of work shall in no way relieve
the Contractor from the overall time of completion requirement, nor shall it be construed as
the basis for payment of extra work because additional personnel and equipment were
required on the job."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section: "The Contractor shall complete all work under
the Contract within 50 consecutive working days after the date on the Notice to
Proceed.
The Contractor shall ensure the availability of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an extension of
time for 100 percent completion of work."
6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January I"
(New Year's Day), 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 1 the first
Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday
and Friday in November (Thanksgiving and Friday after), December 20', (Christmas Eve),
December 251h (Christmas), and December 315` (New Year's Eve). If January 1 st, July 4th,
November 11th, December 24th, December 25th or December 31st falls on a Sunday, the
following Monday is a holiday. If January 15t, July 4th, November 11th December 24th
December 25th or December 3151 falls on a Saturday, the Friday before 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. Refer to Section 7 -10.3 for specific lane closure requirements.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours prescribed
above.
• • SP 10 OF 23
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30_ p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 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
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."
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
7 -5 PERMITS. Add to this section: "The Contractor shall follow the provisions of the
Caltrans Encroachment Permit contained in Appendix C of these Special Provisions and
incorporated herein and pay for all necessary fees associated with Caltrans requirements."
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.
The Contractor shall provide and install new water meter and valve boxes. Existing water
meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes
and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The
Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr.
Ed Burt, Utilities Operation Manager, at (949) 718 - 3402."
0- • SP 11 OF 23
Construction on a separate water main project along Industrial Way (Contract No. 3728) will
be in progress. The Contractor shall coordinate all work with SJ &B Group, Inc. in order to
minimize traffic impact. The contact for SJ &B Group is David G. Pope at (951) 369 -8800.
7 -8 PROJECT SITE MAINTENANCE
7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor
elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with
the City. Upon return of the meter to the City, the deposit will be returned to the Contractor,
less a quantity charge for water usage and repair charges for damage to the meter."
Water used during construction shall be paid for by the Contractor. This includes water for
flushing and pressure testing water lines, compaction, irrigation during maintenance period
for landscaping, etc."
7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all
water used during sawcutting operations, containing mud, silt or other deleterious material
due to the construction of this project shall be treated by filtration or retention in settling
basin(s) sufficient to prevent such material from migrating into any catch basin, Newport
Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction
Runoff Guidance Manual which is available for review at the Public Works Department or
can be found on the City's website at http://www.cily.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 storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw- cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with construction
debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City of Newport Beach
will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor
to follow BMP will result in immediate cleanup by City and back - charging the Contractor for
all costs plus 15 percent. The Contractor may also receive a separate Administrative
Citation per Section 14.36.030A23 of the City's Municipal Code.
• • SP 12 OF 23
7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic
control and access in accordance with Section 7 -10 of the Standard Specifications and the
Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must
be maintained at all times. The Contractor shall cooperate with the Engineer to provide
advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish and
install signage, barricades, delineators, yellow safety ribbon, and any other measures
deemed necessary by the Engineer to safely direct the public around areas of construction,
and into (and out of) the affected establishments. Such measures shall be shown on the
Detailed Traffic Control Plans (see Section 7- 10.3)."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the
Contractor's responsibility to obtain an area for the storage of equipment and
materials. The Contractor shall obtain the Engineers approval of a site for storage of
equipment and materials prior to arranging for or delivering equipment and materials to the
site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor
shall restore the laydown area to its pre- construction condition. The Engineer may require
new base and pavement if the pavement condition has been compromised during
construction."
7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The
Contractor shall submit to the Engineer - at least five working days prior to the pre -
construction meeting - a traffic control plan and detour plans(s) for each street and parking
lot. The Contractor shall be responsible for processing and obtaining approval of a traffic
control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions
of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic
Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL
HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed
by a California licensed traffic engineer. Traffic control and detour plans shall meet the
following requirements:
1. All northbound lanes on Superior Avenue shall remain open from 7:00 AM to 9:00
AM and from 4:00 PM to 6:00 PM, Monday through Friday.
2. All southbound lanes on Superior Avenue shall be open from 4:30 PM to 6:00
PM, Monday through Friday.
3. Emergency vehicle access shall be maintained at all times.
4. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
0
• SP 13 OF 23
pedestrian and vehicular traffic will be handled in a safe manner with a minimum of
inconvenience to the public.
5. All advanced warning sign installations shall be reflectorized and/or lighted.
6. The Contractor shall accommodate the City's trash collection. If the Contractor
elects to work on a street during its trash collection day, it shall be the
Contractor's responsibility to make alternative trash collection arrangements by
contacting the City's Refuse Superintendent, at (949) 718 -3468 and all affected
property owners."
7 -10.4 Safety
7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and
completely responsible for conditions of the job -site, including safety of all persons and
property during performance of the work, and the Contractor shall fully comply with all State,
Federal and other laws, rules, regulations, and orders relating to the safety of the public and
workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of the
adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO
PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he
shall post at least forty -eight hours in advance of the need for enforcement. The signs will
be provided at no cost to the Contractor. However, the City reserves the right to charge
$1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In
addition, it shall be the Contractor's responsibility to notify the City's Police Department at
(949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need
for enforcement. The signs shall (1) be made of white card stock; (2) have minimum
dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach
"Temporary Tow -Away, No Parking" signs available at the Public Works Department
public counter.
The Contractor shall print the hours, days of week 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 Adjacent Businesses and Residents. Ten working days prior to
starting work, the Contractor shall deliver a construction notice to adjacent businesses and
residents within 500 feet of the project, describing the project and indicating the limits of
construction. The City will provide the notices.
Forty -eight hours prior to the start of construction, the Contractor shall distribute to the
adjacent businesses and 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
• • - SP 14 OF 23
construction will be complete. An interruption of work at any location in excess of 14
calendar days shall require re- notification. The Contractor shall insert the applicable dates
and times at the time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed by
the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of
the schedule will require Contractor re- notification using an explanatory letter furnished by
the City.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work,
the Contractor shall possess a General "A" Engineering Contractor's License. At the start of
work and until completion of work, the Contractor and all Sub - contractors shall possess a
Business License issued by the City of Newport Beach.
7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved
plans and specifications shall be on the job site at all times. In addition, the Contractor shall
maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings
shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by
the Engineer at the time each progress bill is submitted.
The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment
or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents shall
be retained for at least three years after the date of completion of the project. During this
time, the material shall be made available to the Engineer. Suitable facilities are to be
provided for access, inspection, and copying of this material.
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for
each item of work shown on the proposal shall include full compensation for furnishing the
labor, materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of work
pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include providing bonds,
insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan,
obtaining .Caltrans "DP" permit and associated fees, preparing and updating the
construction schedule as necessary, demobilization, and all other related work as required
by the Contract Documents.
• SP 15 OF 23
Item No. 2 Traffic Control: Work under this item shall include delivering all required
notifications and temporary parking permits, post signs, covering conflicting signs, and all
costs incurred notifying residents. In addition, this item includes preparing traffic control
plans prepared and signed by a California licensed traffic engineer, and providing the traffic
control required by the project including, but not limited to, signs, cones, barricades, flashing
arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor,
tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest
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
outside of the work limits on Superior Avenue 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 a sample sign. In addition, four (4) digital message boards
are to be installed adjacent to the work area as directed by the City Inspector for the
duration of the project.
Item No. 4 Surveying Services: Work under this item shall include the cost of
surveying, 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 corners disturbed by the work, protection and
restoration of existing monuments and other survey items as required to complete the work
in place.
Item No. 5 Cold Mill AC Pavement: Work under this item shall include saw cutting,
cold milling the AC pavement to a depth below existing finished grade as shown on the
drawings, disposing of milled material, and all other work items as required to complete the
work in place.
Item No. 6 AC Leveling Course: Work under this item shall include all labor, tools,
equipment, and material costs for pavement clearing, tack coat, asphalt concrete leveling
course placement, compaction and all other work items as required to complete the work in
place.
Item No. 7 ARHM Surface Course: Work under this item shall include all labor, tools,
equipment, and material costs for pavement clearing, tack coat, ARHM surface course
placement, compaction and all other work items as required to complete the work in place.
Item No. 8 Remove AC Pavement and Place 4" Full Depth AC (Dig -out): Work under
this item shall include all labor, tools, equipment, and material costs for saw cutting,
removing and disposing of the existing pavement, grading, subgrade compaction, tack coat,
placement of 4" full depth AC pavement and all other work as required to complete the work
in place. Locations of dig -outs are shown on the plans or as directed by the City Inspector
during construction.
Item No. 9 Remove and Replace With New Valve Box and Cover to Grade (CNB):
Work under this item shall include all labor, tools, equipment, and material costs for
0 • SP 16 OF 23
removing and replacing with new City of Newport Beach valve box and cover to grade and
all other work items as required to complete the work in place.
Item No. 10 Remove and Replace With New Valve Box and Cover to Grade (MCWD):
Work under this item shall include all labor, tools, equipment, and material costs for
removing and replacing with new Mesa Consolidated Water District valve box and cover to
grade and all other work items as required to complete the work in place. A copy of MCWD
standard drawing for valve box installation is attached in Appendix B.
Item No. 11 Adjust Manhole Frame and Cover to Grade: Work under this item shall
include all labor, tools, equipment, and material costs for adjusting manhole frame and
cover to grade and all other work items as required to complete the work in place.
Item No. 12 Remove and Replace With New Survey Monument Frame and Cover to
Grade: Work under this item shall include all labor, tools, equipment, and material costs for
removing and replacing with new survey monument frame and cover to grade, protecting
the survey marker in place, and all other work items as required to complete the work in
place.
Item No. 13 Remove and Replace With New Pull Box to Grade: Work under this item
shall include all labor, tools, equipment, and material costs for removing and replacing with
new pull box to Grade and all other work items as required to complete the work in place.
Item No. 14 Remove and Reconstruct Curb Access Ramp: Work under this item shall
include all labor, tools, equipment, and material costs for saw cutting, removal and disposal
of conflicting portions of existing concrete sidewalk and /or access ramp, reconstruction of
curb access ramp and all other work items as required to complete the work in place.
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.
Item No. 15 Remove and Replace City Supplied Manhole Frame and Cover to Grade:
Work under this item shall include all labor, tools, equipment,. and material costs for
removing and replacing manhole frame and cover to grade and all other work items as
required to complete the work in place. The manhole frame and cover will be supplied by
the City's Utilities Department.
Item No. 16 Remove and Reconstruct Type A Curb and Gutter: Work under this item
shall include all labor, tools, equipment, and material costs for removing and disposing of
the existing curb and gutter, compacting subgrade, root pruning and installing root barrier
panels when curb and gutter is adjacent to trees or as directed by the inspector,
constructing Type A curb and gutter, re- chiseling of curb face for existing underground
utilities, restoring all existing improvements damaged by the work, and all other work items
as required to complete the work in place.
Item No. 17 Remove and Reconstruct Partial Cross Gutter: Work under this item shall
include all labor, tools, equipment, and material costs for saw cutting, removal and disposal
of existing cross gutter, construction of partial cross gutter and all other work items as
required to complete the work in place.
• SP 17 OF 23
Item No. 18 Remove and Reconstruct Driveway Approach: Work under this item shall
include all labor, tools, equipment, and material costs for saw cutting, removal and disposal
of conflicting portions of existing concrete sidewalk and /or driveway approach,
reconstruction of driveway approach and all other work items as required to complete the
work in place.
Item No. 19 Remove and Reconstruct Sidewalk: Work under this item shall include all
labor, tools, equipment, and material costs for saw cutting, removal and disposal of
conflicting portions of existing concrete sidewalk, reconstruction of sidewalk and all other
work items as required to complete the work in place.
Item No. 20 Remove and Reconstruct Concrete Pavement: Work under this item shall
include all labor, tools, equipment, and material costs for saw cutting, removal and disposal
of conflicting portions of existing concrete sidewalk and /or pavement, reconstruction of
concrete pavement and all other work items as required to complete the work in place.
Item No. 21 Remove and Reconstruct Raised Concrete Island: Work under this item
shall include all labor, tools, equipment, and material costs for saw cutting, removal and
disposal of existing raised concrete island, compaction, construction of Type B curb and 4"
thick concrete pavement, placement of aggregate base and AC pavement, removal and
replacement of two new traffic signal pull boxes and one street light pull box, relocation of
cross walk push button, making all wiring connections, installation of raised truncated
domes, protection of existing traffic signal and all other work items as required to complete
the work in place.
Item No. 22 Remove and Replace Traffic Signal Detector Loop: Work under this item
shall include all labor, tools, equipment, and material costs to remove and replace traffic
signal detector loops, make electrical connections and wirings to existing pull boxes, test
and calibrate the new signal loop detectors and all other work items as required to complete
the work in place.
Item No. 23 Install Striping, Markings and Markers: Work under this item shall include
removing and installing traffic striping, markings and markers per the striping plan, and all
other work items as required to complete the work in place.
Item No. 24 Provide As -built Drawings: Work under this item shall include all actions
necessary to provide as -built drawings. These drawings must be kept up to date and
submitted to the City Inspector for review prior to payment 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."
• • . SP 18 OF 23
PART 2
CONSTRUCTION MATERIALS
SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS
201 -1 PORTLAND CEMENT CONCRETE
201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement
concrete for construction shall be Class 560 -C- 3250."
201 -2 REINFORCEMENT FOR CONCRETE
201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60
steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the
plans."
SECTION 214 - -- PAVEMENT MARKERS
214-4 NONREFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new non - reflective pavement markers types A and AY shall be
ceramic."
214-5 REFLECTIVE PAVEMENT MARKERS
Add to this Section: "All new reflective pavement markers shall have glass - covered
reflective faces or be 3M Series 290."
SECTION 215 - -- ADVISORY SIGNS
215 -1 GENERAL
Advisory signs shall be per detail enclosed within these Special Provisions Appendix A. The
sign supports may be fabricated with lumber.
SP 19 OF 23
PART 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City approved
Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved
haulers can be provided upon request or be found on the City's website at
http: / /www. city. newoort- beach.ca. us/G SV /Frachised %20 Hau lers. htm."
300 -1.3.1 General. Add to this section: "The work shall be done in accordance with
Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented
herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between
the sawcut lines may be accomplished by the use of jackhammers or sledgehammers.
Pavement breakers or stompers will not be permitted on the job. The Engineer must
approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor will
remove any broken concrete, debris or other deleterious material from the job site at the
end of each workday. All areas of roadway removal and replacement shall have a minimum
trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the
Engineer to mark out the areas of roadway removal and replacement.
300 -1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made
to a minimum of two (2) inches." Replace the words "1-1/2 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.
SP 20 OF 23
SECTION 302 - -- ROADWAY SURFACING
302 -5 ASPHALT CONCRETE PAVEMENT
302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for leveling
course shall be III -C3 -AR -4000. All cracks % -inch or greater in width shall be cleaned, have
weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer.
Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95%
minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned
with a power broom."
302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches,
a tack coat of Type SS-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."
302 -6 PORTLAND CEMENT CONCRETE PAVEMENT
302 -6.6 Curing. Add to this section: "The Contractor shall not open street
improvements to vehicular use until P.C.C. has attained the minimum compressive strength
specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be
attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of
additional Portland cement or admixtures with prior approval of the Engineer."
SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION
303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303 -5.1 Requirements
303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be
opened to pedestrian access on the day following concrete placement. In addition, all forms
shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be
placed within 72 hours following concrete placement. Newly poured P.C.C. improvements
subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to
a minimum strength of 3,000 psi."
303 -5.5 Finishing
303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C.,
P.C.C. and brick within private property at locations shown on the plans in a manner that
matches the adjoining existing private property in structural section, texture and color."
303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb
markings that indicate sewer lateral or water valve location on the face of the curb. The
• • SP 21 OF 23
Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a
chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb
face to the valve. To determine the location of sewer laterals and water services, the
Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402."
303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line
tolerances to within 0.01 feet of those elevations shown on the plan."
SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNALS
307 -4 TRAFFIC SIGNAL CONSTRUCTION
307 -4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop
detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -5B and shall be
Type A or Type E. The new loop detectors shall be installed within the AC pavement final
course.
All installed loop detectors shall be completely functional to the satisfaction of the Engineer
within five consecutive working days of AC pavement final course placement.
SECTION 310 - -- PAINTING
310 -5 PAINTING VARIOUS SURFACES
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 1/2 inch in 40 feet from the alignment shown on the plans.
The Contractor shall mark or otherwise delineate the new traffic lanes and pavement
markings within 24 hours after the removal or covering of existing striping or markings. No
street shall be without the proper striping over a weekend or holiday. Stop bars shall not
remain unpainted overnight."
310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic
striping and markings shall be applied in one coat, as soon as possible and within 24 hours
after the finish course has been applied.
Paint for temporary traffic striping and pavement markings shall be white Formula No.
2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by
Morton. These temporary paints shall be applied at 15 mils wet.
The final striping 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
SP 22 OF 23
minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90
mm minimum thickness.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease all
contract work until the striping has been properly performed. Such termination of work shall
require the Contractor to re- install "NO PARKING, TOW - AWAY" signs and re- notify the
affected residents, at the Contractor's sole expense. In addition, if the Contractor
removes/covers /damages existing striping and/or raised pavement markers outside of the
work area, he shall re- stripe /replace such work items at no cost to the City.
The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer,
temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more
than one lane in any one direction, for more than three consecutive calendar days.
Dependent upon construction phasing, the Engineer may require the Contractor to apply
two applications of paint to maintain adequate delineation on base pavement surfaces, at
no additional cost to the City."
SECTION 312 -- PAVEMENT MARKER PLACEMENT AND REMOVAL
312 -1 PLACEMENT. Amend this section with:
"1. The location of raised pavement fire hydrant marker shall conform to the City of
Newport Beach Standard Plan No. STD - 902 -L.
2. The Contractor shall not replace raised pavement markers until fifteen days after
the application of the pavement."
PART 6
SECTION 600 -- MODIFIED ASPHALTS PAVEMENTS AND PROCESSES
600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET
PROCESS
600 -2.1 Asphalt- Rubber
600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B."
600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded
600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix Gap Graded-
material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement,
the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in
working condition, on site to facilitate the initial breakdown rolling and intermediate rolling.
The third roller will act as a stand -by in case of breakdown by one of the other rollers.
Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is
required. For each percentile less that the required 95 percent compaction, the unit price
E
for Asphalt Rubber Hot Mix will be reduced
not have 90 percent relative compaction
compacted at the Contract's sole expense."
0
SP 23 OF 23
by 10 percent. Any areas of roadway that does
shall be removed, reinstalled and properly
F :IUserslPBVVGharedlContractslFy 07.081SUPERIOR AVE REHAB C- 386915PECS G3869.doc
Last saved by Srocksl 1/13/2007 9:59 AM
0
SPECIAL PROVISIONS
APPENDIX A
ADVISORY SIGNS
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SPECIAL PROVISIONS
APPENDIX B
MCWD WATER VALVE BOX STANDARD DRAWING
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LENGTH OF PIPE 12" LAP
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(ANCHOR BLOCK NOT
SHOWN FOR CLARITY)
NOTE 1
GENERAL NOTES:
1. ANCHOR BLOCK ONLY REQUIRED WHEN VALVE IS
NOT FLANGED.
2. VALVE BODY TO BE WRAPPED WITH PLASTIC (4 MIL)
WHEN ANCHOR IS REQUIRED.
3. PROVIDE VALVE STEM EXTENSION IF DEPTH
TO VALVE DOES NOT EXCEED 4 FT.
4. ANCHOR BLOCK DIMENSIONS:
DIMENSION "A" EQUALS LENGH OF VALVE BODY
DIMENSION "B" EQUALS WIDTH OF VALVE BODY
DIMENSION "C" EQUALS TRENCH WIDTH.
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�"' °t" °'sb``t VALVE INSTALLATION 1F 0/21/02
0
SPECIAL PROVISIONS
APPENDIX C
0
CALTRANS ENCROACHMENT PERMIT
STATE OF CALIFORNIA • DEPARTME TRANSPORTATION
ENCROACHMENT PERMIT
TR -0120 (REV. 2198)
In compliance with (Check one):
X Your application of AUG. 16. 2007
❑ Utility Notice No.
❑ Agreement No.
❑ RIW Contract No.
TO:
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 92663
ANDYTRAN
9491644 -3315
w
of
of
And subject f0 the following, PERMISSION IS HEREBY GRANTED to:
0
1207- NSN-
12- ORA -1- 20.37
AUGUST 22, 2007
EXEMPT I$
I
, PERMITTEE
REMOVE AND REPLACE STATE -OWNED TRAFFIC SIGNAL LOOPS AT THE INTERSECTION OF
SUPERIOR AVENUE AND SR -1 IN NEWPORT BEACH.
All performed work shall be in accordance with current Caltrans Standard Specifications and Standard Plans,
Section 500 (Specific Permits) of the Encroachment Permits Manual, the attached Provisions and Permit Plan
stamp -dated August 16, 2007.
Permittee shall contact IRAJ JAVID, Electrical Inspector, at 9491724 -2844 a minimum of five working days prior to the
start of work. Failure to comply with this requirement will result in suspension of this permit.
Permittee's Contractor shall furnish the State with a signed application requesting a separate Caltrans "DP" permit
authorizing the Contractor to perform the work within the State Highway right of way on Permittee's behalf. A deposit of
$410.00 is required at the time of application.
are also Inctuaea as
(Check applicable)
X
Yes
❑
NO
General Provisions
❑
Yes
X
No
Utility Maintenance Provisions
X
Yes
❑
NO
Special Provisions
❑
Yes
❑
No
A Cal -OSHA permit required prior to beginning work;
Yes
This permit is to be strictly construed and no other work
way— raiuuoc
File: 07 -0784
} I. Javid, Permits
Mtce (2)
Prepared: ATE
Paee I of 2
actual costs for.
❑ Yes X No Review
❑ Yes X No Inspection
X Yes NO Field Work
(!f any Caltrans effort expended)
District Permit Eneineer�
to
1
•
0
CITY OF NEWPORT BEACH
1207 NSN 0784
AUG. 22, 2007
In addition to the attached General Provisions (TR -0 045), the following Special Provisions are applicable:
• Whenever the work area is more than 6 ft. away from the adjacent traffic lane but within a designated shoulder or
parking lane, a shoulder closure or parking lane closure acceptable to Caltrans shall be utilized.
• Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the
limits of this work.
• All components of the traffic control system shall be removed from the traveled way and paved shoulders at the end
of each work period.
• Orange vests and hard hats shall be worn at all times while working within State right -of -way.
• The full width of traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal
holidays, after 3:00 PM on Fridays and pn the dgy preceding designated legal holidays, and when construction
operations are not actively in progress.
• Unless otherwise approved by the State Permit Inspector no work that interferes with public traffic shall be
performed on weekdays between 6:00 AM and 9:00 AM, and between 3:00 PM and 6:30 PM.
• Unless otherwise approved by these Permit Special Provisions or by the State Permit Inspector no lane, ramp or
shoulder closure is permitted.
• Immediately following completion of the work permitted herein, Permittee shall fax to 949/724 -2265 the Work
Completion Notice and Customer Service Questionnaire to facilitate final permit processing.
Paee 2 of 2
STATE OF CALIFORNIA • DEPARTME4ft TRANSPORTATION
STANDARD ENCROACNT PERMIT APPLICATION ��
TR -0100 (REV. 05/2006) .. . PERMIT NO.
Permission is requested to encroach on the State highway right -of -way as follows: DIST/COIRTEIPM
(Complete all BOXES [write N/A if not applicable]) Z�
This application is not complete until all requirements have been approved. sIMPLEx STAMP
Page 1 of 4
- /VS 14- 07 ?y
n 7 n 7 0 d
1. COUNTY
2. ROUTE
3. POSTMILE
V 1 V 1 sit .1
Orange
SR 1
L 0. i7
�� C
4. ADDRESS OR STREET NAME
G. CITY
West Coast Highway
Newport Beach
6. CROSS STREET (Distance and direction from she)
7. PORTION OF RIGHT -OF -WAY
DATE OF SIMPL STAr
Superior Avenue
Pavement
+
S. WORK TO BE PERFORMED BY
e, EST. START DATE
10. EST. COMPLETION DATE
❑ OWN FORCES 0 CONTRACTOR
January 2008
71.
MAX. DEPTH
AVG. DEPTH
AVG. WIDTH
LENGTH
SURFACE TYPE 12. EST. COST INSTATE R1W
EXCAVATION
2"
2"
100 ft
300 ft
Asphalt Concrete $1000
13.
PRODUCT TYPE
DIAMETER
VOLTAGE f PSIG
14. CALTRANS PROJECT EA. NUMBER
PIPES
N/A
NIA
N/A
1s. ❑ Double Permit Parent Permit Number
Applicant's Reference Number / Utility Work Order Number C -3869
16. Have your plans been reviewed by another Caltrans branch? NO ❑ YES 14 (If "YES ") Who? Local Assistance
17. Completely describe work to be done within STATE highway right-of-way: .
Attach 6 complete sets of FOLDED plans (folded 8.5" x 11 "), and any applicable specifications, calculations, maps, etc.
All dimensions shall be in U.S. Customary (English) Units.
Work involves grinding and capping of existing AC pavement 2 inches deep along Superior Ave. The work starts at Coast
Highway and ends at 16th Street. It also involves the removal and replacement of traffic loops, striping, pavement markers
and markings. This work will be done WITHIN CITY RIGHT OF WAY. However, the traffic loops at Coast Highway are
maintained and operated by Caltrans.
ta. Is a city, county, or other agency involved in the approval of this project?
0 YES (If "YES ", check type of project and attach environmental documentation and conditions of approval. )
❑ COMMERCIAL DEVELOPMENT ❑ BUILDING ❑ GRADING ❑ OTHER
® CATEGORICALLY EXEMPT ❑ NEGATIVE DECLARATION ❑ ENVIRONMENTAL IMPACT REPORT ❑ OTHER
❑ NO (If "NO ", please check the category below which beat describes the project, and complete page 4 of this application.)
❑ DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING ❑ FENCE
❑ PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS ❑ MAILBOX
❑ FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS ❑ EROSION CONTROL
❑ OTHER ❑ LANDSCAPING
16. Will this project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource? [I YES ® NO
(If "YES ", provide a description) .
20. Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or sfand of trees, a
rock outcropping or a historic building? Q YES E) NO (If "YES ", provide a description)
21. Is work being done on applicant's property? YES Q NO (If "YES ", attach site and grading plans.)
ADA NOTICE: For individuals with sensory disabilities, this document is available in altemate formats. For information call (916) 654 -6410 or TDD (916) 654 -3880 or
write to Records and Farms Management, 1120 N Street, MS -89, Sacramento, CA 95814
STATE OF CALIFORNIA • DEPARTMEN*TRANSPORTATION •
STANDARD ENCROACHMENT PERMIT APPLICATION r
TR -0100 (REV. 05 12006)
22. will this proposed project require the disturbance of soil within highway right -of -way?
If "YES ", estimate the area in square feet AND acres:
(if)
(acres)
23. Will this proposed project require dewatenng? YES Q NO
If "YES ", estimate daily volume in gallons per day: (gpd)
E] YES Q NO
24. How will any storm water or ground water be disposed of from within or near the limits of this proposed project?
Storm Drain System Combined Sewer I Storm System EJ Storm Water Retention Basin
® Other (explain): NiA
Page 2 of 4
PLEASE READ THE FOLLOWING Cj,AJ JSES PRIOR TO SIGNING 'THIS ENCROACFM ENT PE WF ApPLICAnCIN.
The applicant, understands and herein agrees to that an encroachment permit can be denied, and/or a bond
required for non-payment of prior orpresent encroachment permit fees. Encroachment Permit fees may still be
due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the
California Streets and Highways Code, Section 674,5. All work shall be done in accordance with Caltrans rules
and regulations subject to:inspection.and approval.
The applicant, understands and herein agrees to the general provisions, special provisions and conditions of the
encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees
and each of them (Indemnitees) from and against any and all claims, demands, causes of action, damages, costs,
expenses, aptual attorneys' fees, judgments, losses and liabilities of every kind and nature whatsoever (Claims)
arising out oforin connection with the issuance and/or use of this encroachment permit for 1) bodily injury and/
or death to persons including but not limited to the Applicant, the State and Its officers, directors, agents and
employees, the indemnities, and the public; and 2) damage to property of anyone. Except as provided by law,
the indemnification provisions stated above shall apply regardless of the existence or degree of fault of
indemnities. The Applicant, however, shag not be obligated to indemnify indemnities for Claims arising from
conduct delineated in Civil Code Section 2782.
DISCHARGES -OF STORM WATER AND NON-STORM WATER Work within State highway right -of -way shall be
conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination
System (NPDES) permitissued to the Department of Transportation (Department), to govern the discharge ofstorm
waterand non -storm waterfrom its properties. Work shall also be in compliance with all otherapplicable Federal,
State and Locallaws and regulations, and with the Department's Encroachment Permits Manual and encroachment
permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and
submission of a Storm Water Pollution Protection Plan (SWPPP), ora Water Pollution Control Program (WPCP),
and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on
the requirements may also be reviewed on the Department's Construction Website at.,
httD• / /www dot ca gov /hq /construc/stormwaterl htm
26. NAME of APPLICANT or ORGANIZATION (Print or Type) E -MAIL ADDRESS
City of Newport Beach
ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS.TO BE MAILED (include Ctty and Zip Code)
3300 Newport Blvd., Newport Beach, CA 92663
PHONE NUMBER FAX NUMBER
(949) 644 -3311 (949) 644 -3308
26. NAME of AUTHORIZED AGENT I ENGINEER (Print or Type) IS LETTER OF AUTHORIZATION ATTACHED E -MAIL ADDRESS
Andy Tran ❑ YES Cd NO atran @city.newport- beach.ca.us
ADDRESS Of AUTHORIZED AGENT I ENGINEER (Include Cily and Zip Code)
3300 Newport Blvd., Newport Beach, CA 92663
PHONE NUMBER FAX NUMBER
(949) 644 -3315 (949) 644 -3308
27. SIGNATURE f APPLICANT or AUTHORIZED AGENT 28. PRINT OR TYPE NAME 29.TITLE 30. DATE
��.e J Andy Tran Asso. Civil Engr &15 -07
STATE OF CALIFORNIA • DEPARTME F TRANSPORTATION
STANDARD ENCROACWENT PERMIT APPLICATION
TR -0100 (REV. 05/2006)
Page 3 of 4
1
Jill 11
ry. i
�
❑ CASH ❑ CREDfTCJ+RD
NAME ON CARD
PHONE NUMBER
❑ CHECK NUMBER
NAME ON CHECK
PHONE NUMBER
I� EXEMPT
❑ PROJECT EA
_ _ _ _
_ _
❑ DEFERRED BILLING (U61 ty)
CALCULATED BY
(1)
(2)
REVIEW
1. FEE J DEPOSIT
DATE
2 FEE / DEPOSIT
DATE
TOTAL FEE t DEPOSIT
1. HOURS @ $
$
$
2. HOURS @ $
$
$
INSPECTION
1. FEE 1 DEPOSIT
DATE
2. FEE I DEPOSIT
DATE
TOTAL FEE / DEPOSIT
1. HOURS @ $
$
$
2. HOURS @ $
$
$
FEW WORK
HOURS @ $
$
$.
$ -
DEPOSIT
DATE
DEPOSIT
DATE
DEPOSIT
EQUIPMENT & MATERIALS
CASH DEPOSIT IN LIEU OF BOND
$
$
$
TOTAL COLLECTED
CASHIER'S INITIALS
$
` The current houdyrateis set annually byHeadquartersAccounting. District Office staff donothaveauthori tlmodifythisrate.
PERFORMANCE BOND _
❑
DATE
$MOUNT
PAYMENTBOND
E)
DATE
AMOUNT
LIABILITY INSURANCE REQUIRED?
❑ YES ❑ NO
$MOUNT
1
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. P
January 8, 2008
TO: I HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran
949-644-3315 or atran @city.newport- beach.ca.us
SUBJECT: SUPERIOR AVENUE STREET REHABILITATION - AWARD OF
CONTRACT NO. 3869
RECOMMENDATIONS:
Approve the project plans and specifications.
2. Award Contract No. 3869 to All American Asphalt for the Total Bid Price of
$862,862, and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $86,000 to cover the cost of unforeseen work.
DISCUSSION:
At 10:00 a.m. on December 13, 2007, the City Clerk opened and read the following bids
for this project:
BIDDER
Low All American Asphalt
2 Elite Bobcat Services, Inc.
3 R.J. Noble Company
4 Excel Paving Company
5 Sequel Contractors, Inc.
6 Palomar Grading & Paving, Inc.
7 Imperial Paving Company
8 Hardy & Harper, Inc.
TOTAL BID AMOUNT
$862,862.00
$921,125.00
$927,891.50
$946,970.00
$957,150.00
$968,537.50
$973,071.00
$1,004,555.00
"Corrected Bid Amount is $939,770.00
The low total bid amount is 11.4 percent below the Engineer's Estimate of $973,600. The
low bidder, All American Asphalt, possesses a California State Contractors License
Classification "A" as required by the project specifications. A check of the Contractors
references indicates they have satisfactorily completed similar projects for the City of
Newport Beach and other municipalities.
The project location is along Superior Avenue from West Coast Highway to the northern
City limits, shortly before 16"' Street. This project involves the removal and
reconstruction of deteriorated concrete curb and gutter, access ramps, driveways, and
• r
Superior Avenue ard of Contract No. 3869
January 8, 2008
Page: 2
sidewalks. It also involves grinding and overlaying the existing asphalt pavement,
adjustment of existing utilities to grade, and striping. Pursuant to the Contract
Specifications, the Contractor will have 50 consecutive working days to complete the
work.
Environmental Review:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15301 of the CEQA Guidelines. This exemption covers the repair of existing
facilities involving negligible or no expansion of existing use'.
Public Notice:
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications. Affected residents and businesses where previously
notified by City staff of this project..
Geotechnical and Material Testing Services:
In addition to the contract costs, approximately $15,000 in geotechnical and material
testing services are projected to be needed for this project. and will be performed under
the on -call professional services agreement with Harrington Geotechnical Engineering,
Inc..
Funding Availability:
There are sufficient funds available in the following accounts for the project:
Account Description
Gas Tax
AHRP Grant Funds
Proposed uses are as follows:
Vendor
All American Asphalt
All American Asphalt
Harrington Geotechnical
Prepared by:
A
Andy Tra
Senior Civil Engineer
Attachments: Project Location Map
Bid Summary.
Account Number
7181- C5100927
7285- C5100927
Total:
Purpose
Construction Contract
Construction Contingency
Materials Testing
Total
Submitted by:
Amount
$ 563,862
$ 400,000
$ 963,862
Amount
$ 862,862
$ 86,000
$ 15,000
$ 963,862
4fG. Badum
Works Director
I
IH ST IL
■1111 1(Ijo COSTI MESA
CITY OF NEWPORT BEAC
lr�
3�W
L ION
•
'•'
SUPERIOR PUBLIC WORKS
REHABILITATION
TITLE:
ENGINEER'S ESTIMATE:
PROJECT MANAGER:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BID LOCATION: City Clerk's Office - City Hall
DATE: 13 -Deo-07 TIME: 10:OOAM
BY: Jason Joh CHECKED: Andy Tran DATE:
As-bid Amount
F:1Users\PBIMShar"Contracta \FY 07 -081SUPERIOR AVE REHAB C3869XBID SUMMARY C- 3869.x1s Page 1
En Ineer'a Estimate
All American As halt
Elite Bobcat Service Inc.
R.J. Noble Company
ITEM
DESCRIPTION
QUANTITY
UNIT$
AMOUNT
UNIT
AMOUNT
UNIT$
AMOUNT
UNIT$
AMOUNT
1
Mobilization
1
LS
$32,250.00
$32,250.00
$26,282.00
$26,282.00
$24,000.00
$24,000.00
$23,860.00
$23,850.00
2
Traffic Control
1
LS
$35,000.00
$36,000.00
$41,000.00
$41,000.00
$16,000.00
$15,000.00
$42,500.00
$42,500.00
3
Install and Maintain Advisory Signs
1
LS
$10,000.00
$10,000.00
$6,000.00
$6,000.00
$2,500.00
$2,600.00
$10,300.00
$10300.00
4
Surveying Services
1
LS
$10,000.00
$10,000.00
$5,600.00
$5,600.00
$6,000.00
$6,000.00
$6,200.00
5
Cold MITI AC Pavement
350,000
SF
$0.20
$70,000.00
$0.14
$49,000.00
$0.18
$6300000
$0.19
88 500.00
6
AC Leveling Course
550
TN
$70.00
$38.600.00
$73.00
$40,150.00
$104.00
$57,200.00
$81.50
$44,825.00
7
ARHM Surface Course
6,500
TN
$80.00
$520.000.00
$78.00
$507,000.
$85.00
$552,500.00
$78.00
$607,000.00
8
Remove AC Pavement and Place 4" Full Depth AC (Dig-out)
12,000
SF
$6.00
$72,000.00
$3.00
$36,000.0
$3.00
$36.000.00
$2.70
$32,400.00
9
Remove and Replace With New Valve Box and Cover to Grade (CNB)
41
EA
$400.00
$16,400.00
$250.00
$10,250.00
$310.00
$12,710.00
$580.00
$23,780.00
10
Remove and Replace With New Valve Box and Cover to Grade MCWD
20
EA
$400.00
$8,000.00
$250.00
$5,000.00
$310.0 0
$6,200.00
$580.00
$11,800.00
11
Ad ust Manhole Frame and Cover to Grade
25
EA
$600.00
$12,500.00
$420.00
$10,500.00
$285.00
$7125.00
$580.00
$14,500.00
12
Remove and Replace wt New Survey Mon. Frame and Cover to Grade
3
EA
$400.00
$1,200.00
$160.00
$450.00
$310.00
$930.00
$320.00
$960.00
13
Remove and Replace With New Pull Box to Grade
1
EA
$400.00
$400.00
$750.00
$750.00
$620.00
$620.00
$420.00
$420.00
14
Remove and Reconstruct Curb Access Ramp
13
EA
$3 600.00
$45,500.001
$2.500.00
$32,500.00
$376000
$48.760.00
$3,075.00
$39,975.00
15
Remove and Replace City Supplied Manhole Frame and Cover to Grade
1
EA
800.00
$800.00
$460.00
$450.00
$280.00
$280.00
$580.00
$580.00
16
Remove and Reconstruct Type A Curb and Gutter
1101
LF 1
$45.00
$4,950.00
$49.00
$5,390.001
45.00
$4,960.00
$55.45
$6,099.50
17
Remove and Reconstruct Partial Cross Gutter
300
SF
$20.00
$6,000.00
$18.00
$5,400.00
$12.00
$3 600.00
$22.80
$6.84000
18
Remove and Reconstruct Drivewa Approach
2,100
SF
$15.00
1500.00
$14.00
$29400.00
$10.00
$21,000.00
$15.30
$32130.00
19
Remove and Reconstruct Sidewalk
100
SF
$12.00
$1,200.00
$14.00
$1,400.00
$20.00
$2,000.00
$17.80
$1,780.00
20
Remove and Reconstruct Concrete Pavement
160
SF
$16.00
$2,400.00
$14.00
$2,240.00
$12.00
$1,920.00
$16.50
$2,640.00
21
Remvove and Reconstruct Raised Concrete Island
1
LS
$15 000.00
$16,000.00
$14,500.00
$14,600.00
$21,000.00
$21,000.00
$19,200.00
$19,200.00
22
Remove and Replace Traffic Signal Detector Loop
72
EA
$250.00
$18,000.00
$200.00
$14,400.00
$195.00
$14,040.00
$196.00
$14112.00
23
Install Striping, Markings and Markers
1
LS
$20,000.00,
$20,000.00
$18,500.00
$18,500.00
$19,000.00
$19,000.00
$19,200.00
$19.200,0Gift
24
Provide As -bullt Drawln s
1
LS
2 000.001
$2,000.00
$700.00
$700.00
$800.00
$800.00
$500.00
$500.0
EE
1 $973,600.001
Low
$662,862,001
nd
1 $921,125.001
3rd
827 891.50
As-bid Amount
F:1Users\PBIMShar"Contracta \FY 07 -081SUPERIOR AVE REHAB C3869XBID SUMMARY C- 3869.x1s Page 1
TITLE: SUPERIOR AVEN
CONTRACT NO.:
ENGINEER'S ESTIMATE:
PROJECT MANAGER:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BID LOCATION: City Clark's Office - City Hall
DATE: 13- Dec-07 TIME: 10:00 AM
BY: Jason Joh CHECKED: Andy Tran DATE:
As -bid Amount
$946,970.00
F:1UsersSPBWISharedSContractMFY 07.081SUPERIOR AVE REHAB C38WBID SUMMARY C- 3869.x1$ Page 2
Ermicinee r'a Estimate
Excel Pa vin a CornDeny
Se uel Contractors Inc.
Palomar Grading & Paving,
Inc.
ITEM
DESCRIPTION
QUANTITY
UNIT $
AMOUNT
UNIT
AMOUNT
UNIT $
AMOUNT
UNIT $
1 AMOUNT
1
Mobilization
1
LS
$32, 50.00
$32,250.00
$19,800.00
$19,800.00
$29,300.00
$29,300.00
$22,000.00
$22,000.00
2
Traffic Control
1
LS
$36,000.00
$35,000.00
$36,960.00
$35,960.00
$30,000,00
$30,000.00
$23,600.00
$23,600.00
3
Install and Maintain Advisory Signs
1
LS
$10,000.00
$10,000.00
$2,650.00
$2650.00
$9000.00
$9000.00
$6,700.00
$6700.00
4
Surveying Services
1
LS
$10,000.00
$10,000.00
$7,500.00
$7,500.00
$8,000.00
$8,000.00
$2,635.00
5
Cold Mill AC Pavement
350,000
SF
$0.20
$70,000.00
$0.23
$80,500.00
$0.15
$52,500.00
$0.30
$106,000.0
6
AC Leveling Course
550
TN
$70.00
$38,500.00
$85.00
$46,760.00
$95.00
$52,250.00
$80.63
$",346.50
7
ARHM Surface Course
6,500
TN
$80.00
$520,000.001
$84.00
$546000.00
$85.00
$552500.00
.$89.26
$580125.00
8
Remove AC Pavement and Place 4" Full Depth AC (Dig-out)
12,000
SF
$6.00
$72,000.00
$3.50
$42,000,00
$4.00
$48.000.00
$2.94
$35.280.00
9
Remove and Replace With New Valve Box and Cover to Grade (CNB)
41
EA
$400.00
$16,400.00
$300.00
$12,300.00
$400.00
$16,400.00
$146.00
$5,945.00
10
Remove and Replace With New Valve Box and Cover to Grade MCW D
20
EA
400.00
$8,000.00
$300.00
$6,000.00
$400.00
$8,000.00
$145.00
$2,900.00
11
Ad'ust Manhole Frame and Cover to Grade
25
EA
$500.00
$12,600.00
$300.00
$7,600.00
$400.00
$10,000.00
$275.00
$6,875.00
12
Remove and Replace wt New Survey Mon. Frame and Cover to Grade
3
EA
$400.00
$1,200.00
$300.00
$900.00
$800.00
$2,400.00
$500.00
$1,500.00
13
Remove and Replace With New Pull Box to Grade
1
EA
$400.00
$400.00
$800.00
$800.00
$1,000.00
$1,000.00
$2,510.00
$2,610.00
14
Remove and Reconstruct Curb Access Ramp
13
EA
$3,500.00
$46,600.00
$3,500.00
$45,500.00
$4,000.00
$52,000.00
$1,812.00
$23,656.001
15
Remove and Replace City Supplied Manhole Frame and Cover to Grade
1
EA
$800.00
$800.00
$300.00
$300.00
$1,500.00
$1,500.00
$400.00
$400,00
16
Remove and Reconstruct Type A Curb and Gutter
110
LF
$45.00
$4,950.00,
$59.00
$6,490.00
$40.00
$4,400.00
$43.00
$4,730.00
17
Remove and Reconstruct Partial Cross Gutter
300
SF
$20.00
$6,000.00
$18.00
$5,400.00
$12.00
$3,600.00
$16.25
$4,876.00
18
Remove and Reconstruct Driveway Approach
2,100
SF
$15.00
$31,500.00
$11.00
$23,100.0
$8.00
$16,800.00
$13.10
$27,510.00
19
Remove and Reconstruct Sidewalk
100
SF
$12.00
$1,200.00
$12.00
$1,200.00
$9.00
$900.00
$13.00
$1,300.00
20
Remove and Reconstruct Concrete Pavement
160
SF
$15.00
$2,400.00
$15.00
$2,400.
10.00
$1,600.00
$13.00
$2,080.00
21
Remvove and Reconstruct Raised Concrete Island
1
LS
$15,000.00
$15,000.00
$19,000.00
$19,000.00
$18,000.00
$18,000.00
$27,350.00
$27,360.00
22
Remove and Replace Traffic Signal Detector Loop
72
EA
$250.00
$18,000.00
$85.00
$6,120.00
$250.00
$18,000.00
$235.00
$16,920.00
23
Install Std in Markings and Markers
1
LS
$20,000.00
$20,000.00
$21000.101
21 000.00
$20 000.00
$20,000.00
$19,900.00
$19,900.
24
Provide As -built Drawings
1
LS
$2,000.00
$2,000.00
$800.00
$600.00
$1,000.00
$1000.00
$500.00
$500.0
EE
1 $973,500.001
4th
$939,770.001
5th
1 $967,150.001
6th
$968 537.50
As -bid Amount
$946,970.00
F:1UsersSPBWISharedSContractMFY 07.081SUPERIOR AVE REHAB C38WBID SUMMARY C- 3869.x1$ Page 2
TITLE: SUPERIOR AVEf
CONTRACT NO.:
ENGINEER'S ESTIMATE:
PROJECT MANAGER:
Andy Tran
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BID LOCATION: City Clerk's Office - City Hall
DATE: 13 -Deo-07 TIME: 10:00 AM
BY: Jason Joh CHECKED: Andy Tran DATE:
As -bid Amount
- F:%UserstPBWeSharedlContracts%FY 07- WSUPERIOR AVE REHAB C- 38691811) SUMMARY C- 3869.xis Page 3
0
E sneer's Estimate
Imperial Pavhm Pa ' Co
Hardy Hamer. Inc.
ITEM
DESCRIPTION
. QUANTITY
UNIT $
AMOUNT
UNIT $
AMOUNT
UNIT
AMOUNT
1
Mobilization
1
LS
$32,250.00
$32,250.00
$40,000.00
$40,000.0
$39,000.00
$39,000.0
2
Traffic Control
1
LS
$35,000.00
$35,000.00
$39,000.00
$39,000.00
$29,000.00
$29,000.00
3
Install and Maintain Advisory Signs
1
LS
$10,000.00
$10,000.00
$8,000.00
$8,000.
$3,000.00
$3,000.00
4
Surveying Services
1
LS
$10,000.00
$10,000.00
$6,000.00
$6,000.
$5,000.00
$5,000.00
5
Cold Mill AC Pavement
350 000
SF
$0.20
$70,00-0.0-0
$020
$70,000.00
$0.20
$70,000.00
6
AC Leveling Course.
550
TN
70.00
$38500.00
$87.00
$47,850.00
$88.50
$48675.00
7
ARHM Surface Course
6 500
80.00
$520,000.00
$82.00
$533,000.001
$88.50
$575,250.00
8
Remove AC Pavement and Place 4" Full Depth AC (Dig-out)
12,000
6.00
$72,000.00
$3.20
$38,400.00
$3.00
$36,000.00
9
Remove and Replace With New Valve Box and Cover to Grade CNB
41
$400.00
$16,400.00
70.00
$23,370.00
400.00
$16,400.00
10
Remove and Replace With New Valve Box and Cover to Grade MCW D
20
400.00
$8,000.00
$570.00
$11,400.00
$400.00
$8,000-00
11
Adjust Manhole Frame and Cover to Grade
25
[EA
$500.00
$12,50.00
$570.00
$14,260.00
$400.00
$10,000.00
12
Remove and Replace wl New Su Mon. Frame and Cover to Grade
3
400.00
11,200.00
$400.00
,200.00
400.00
$1.200.00
13
Remove and Replace With New Pull Box to Grade
1
$400.00
$400.00
$500.00
..11
$500.00
$1,000.00
$1,066.55
14
Remove and Reconstruct Curb Access Ram
13
$3.500.00
$45,600.00
$3,700.00
$48,100.00
$3,200.0
$41,600.00
15
Remove and Replace City Supplied Manhole Frame and Cover to Grade
1
$800.00
$800,00,
$1,000.00
$1,000.00
$1,000.00
$1.000.00
16
Remove and Reconstruct Type A Curb and Gutter
110
LF
$45.00
$4,950.00
$50.00
$5.600.00
$55.00
$6,050.00
17
Remove and Reconstruct Partial Cross Gutter
300
SF
$20.00
$6,000.00
$20.00
$6,000.00
$25.00
$7,500.00
18
Remove and Reconstruct Driveway roach
2,100
SF
$15.00
$31,600.00
$12.00
$25,200.00
$9.00
$18,900.00
19
Remove and Reconstruct Sidewalk
100
SF
$12.00
$1,200.00
$11.00
$1,100.00
$9.00
$900.00
20
Remove and Reconstruct Concrete Pavement
160
SF
$15.00
$2,400.00
$21.00
$3,360.00
$15.00
$2,400.00
21
Remvove and Reconstruct Raised Concrete Island
1
LS
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$45,000.0 0
$45,000.0
22
Remove and Replace Traffic Signal Detector Loop
72
EA
$250.00
$18,000.00
$220.00
$16,840.00
$190.00
$13,680.00
23
Install Striping, Markings and Markers
1
LS
$20,000.00
$20,000.00
$19,000.00
$19,000.00
$20 000.00
$20,01)0,00
24
Provide As -built Drawings
1
LS
$2,000.00
$2,000.00
$1.00
$1.00
$6,000.00
$5,000.00
E
$973600.00
7th 1
$973,071.001
8th
$1,004,555.00
As -bid Amount
- F:%UserstPBWeSharedlContracts%FY 07- WSUPERIOR AVE REHAB C- 38691811) SUMMARY C- 3869.xis Page 3
0