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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 Best's Rating Center - Com y Information for Fidelity and Depgt Company ... Page 1 of 1 Rating Center Rating Mee rlodology industry Research Ratings Definitions f Search W 31s RatirVs Plats Rateases Related Products 1 Industry & Regional Cowry Risk Structured Finance Now to Get Rated contact an Anetyat yt vow Ratings: Einancial Minamith �Iy Advanced Search Fidelity and Deposit Company of Maryland •s member d AaichFrww s, services a,cypl AY.Baaek sin.'/ NNC Y: ]Y]OL FEm O: I&I.1 11 other web Cepae. seie, Mr"n"W O25 nalhav4 in o. opinion, an-4 -1 aMr, w meat iZ on im obkai— b pd.,Ih dars Address: 1400 American Lane Phone: 847 -605 -6000 Schaumburg, IL 601964056 Fax: 847-605-61011 Web: www.zurichna com Best's Ratings Financial Strength Ratings Yew Qefinittions Issuer Credit Ratings ylew Deflnition5 Rating: A(ExcelleM) Long -Term: a- ARliation Code: g (Group) Outlook: Positive Financial Size Category: XV ($2 Billion or greater) Action: Affirmed Outlook: Positive Date: December 11, 2007 Action: Affirmed Effective Date: December 11, 2007 Denotes Under Re..view Best's Ratings Reports and News Visit our NewsROOm for the latest news and press releases for this company and its A.M. 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US Customer Service I Product Suogort I Member Came r I Contact Info I Carser_s About A:M,_B,est I Site Map I Privacy policy I Security I Terms of Use I legal & licensing Copyright 02007 A.M. Best Company. Inc. All rights ,served. A.M. Best Worldwide lieadWartars, Ambest Road, Oldwick. New, Jersey, Oral U.S.A. http: / /www3. a m best. co m /rati n g s/F u l I P rofi le. a sp? B I =0 &AM B N u m= 387 &AItS rc =1... 12/13/2007 • 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. f:lusers\pbvAshared\oontractslfy 06 OAsuperior eve rehab a38691propasal G3869.doc A Check A License: ContractoiLicense Detail • Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility a�i .GIUV $ ATE LICENSE BOARD R . Ilt�llIklll #1,1�Ia1�Iltfif�ElFl � J�f:�,tl:a# �IIIII�Ifkl111�1 iILEI�Id IIL ;lli +tlk�1 hI�II�I�III�IIII CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center ... ............ C12 EARTHWORK AND PAVING Bonding: CONTRACTOR'S BOND This license filed Contractors Bond number 08727441 in the amoi $12,500 with the bonding company FIDELITY AND DEPOSIT. COM. PANY OF MARYLAND. Effective Date: 01/01/2007 Contractor's Bonding History .. ._..... ........ .. .. ................ ... .. .. __.._....... BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DANIEL DAYTON SISEMORE certified that he /she owns 10 percent or more of voting stock/equity of the corporation. A bond of qualifying individual is not required. http: / /www2. csl b. ca.gov /Genera I -I nformation/i nteractive- tools /check -a- license /Li... 12/13/2007 • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link o Frequently Asked to obtain complaint and /or legal action information. Questions • Per B &P 7071.1.7, only construction related civil judgments reported to the CSLB are dis Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto 0 Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 267073 Extract Date: 12/13/2( ..... . ....__... _.. ... ......... ... ...... ..._____........_....___.._.... • Check Application Status ..._ Business ALL AMERICAN ASPHALT • Search for a Surety Bond Information: P O BOX 2229 Insurance Company CORONA, CA 92878 • Search for a Workers' Business Phone Number: (951) 736 -7600 Compensation Company Entity: Corporation How to Participate Issue Date: 01/19/1971 ........ _._........_..._. ___......_.__. _.......... .. ......................... Expire Date: 01131/2010 01 0 - - -- ____. .............. ............ .. .... ........... . License Status: This license is current and active. All information below should b. reviewed. .. ... ... .. . ............. ....._ --------- .------- ..... .... Classifications: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR ... ............ C12 EARTHWORK AND PAVING Bonding: CONTRACTOR'S BOND This license filed Contractors Bond number 08727441 in the amoi $12,500 with the bonding company FIDELITY AND DEPOSIT. COM. PANY OF MARYLAND. Effective Date: 01/01/2007 Contractor's Bonding History .. ._..... ........ .. .. ................ ... .. .. __.._....... BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DANIEL DAYTON SISEMORE certified that he /she owns 10 percent or more of voting stock/equity of the corporation. A bond of qualifying individual is not required. http: / /www2. csl b. ca.gov /Genera I -I nformation/i nteractive- tools /check -a- license /Li... 12/13/2007 Check A License: Contracto #License Detail • Page 2 of 2 Effective Date: 01/12/2000 BQI's.Bonding History .................... _.... _.............................. .. .... .............. ................. .. ... ... _ ......... ._..__.... .................._............ Workers' This license has workers compensation insurance with the Compensation: SEA BRIGHT INSURANCE COMPANY Policy Number: BB1070243 Effective Date: 08/01/2007 Expire Date: 08/01/2008 Workers_ Compensation. History Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen i Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright D 2007 State of California http: / /www2. csl b. ca.gov /Genera I -I nformation /i nteractive- tools /check -a -I icense /Li. 12/13/2007 California Business Search Page 1 of 1 1Ili�Ci+_ll�lll+cl Rob= FC11'O9 �ccrcl9r of �t.tr itERFt3Ft7 \'4 °EZV DISCLAIMER: The information displayed here is current as of DEC O7, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss.ca.gov /corpdata /S howAi l List ?Q ueryCorpN umbe r= C0570879 &pri... 12/13/2007 Corporation ALL AMERICAN ASPHALT Number: C0570879 Date Filed: 5/26/1969 Status: active Jurisdiction: California Address PO BOX 2229 CORONA, CA 92878 Agent for Service of Process THOMAS TOSCAS 400 E SITH ST CORONA, CA 92879 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss.ca.gov /corpdata /S howAi l List ?Q ueryCorpN umbe r= C0570879 &pri... 12/13/2007 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 usr3: usr4: usr5: usr6: usr7: R *$1111114 MIk"Woti. .1 LA Inbox-... MtT... N{icrosofL j$2Irde...� � 0 0 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 f \usersVbw�shared \coneacts\nastemVnasters for convact set up4naster specs indes.doc 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 0 n �� a 'YK"l+ar �' �j:h S•c _ J64 -OP. E r 1 Li �' �j:h S•c _ J64 -OP. E r 1 Li I I r r ' � � Sri?' . �F , £ ♦ �.: . ±P1 S t a 11 �{ S .y..K .b,. Wl . .t r / 0 •L• • GSA• •i `/i AF Y S :r �Y.:� �!). q; fro h � �� '. r r ' � � Sri?' . �F , £ ♦ �.: . ±P1 S t a 11 �{ S .y..K .b,. Wl . .t r / 0 i si 4 till 16 VIV '.�.' lift Is i it ax •. M , '~ AK Nei 4OF 4- 0 SPECIAL PROVISIONS APPENDIX B MCWD WATER VALVE BOX STANDARD DRAWING y y M s" 0� N —� w N in Z w w V) Z w z z 6 "x 6" CONCRETE- 0 Z COLLAR CLASS z 560 -C -3250 WATER MAIN Seim FINISHED PAVED SURFACE T BROOKS 4TT� �I TRIANGLE LID 1 -4 GAUGE - COPPER WIRE - -- LENGTH OF PIPE 12" LAP INTO WELL S" PVC PIPE I I - "A" (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. o^A �' STMGMG ORA.G Mesa CwsdidutedCw,sdlauted STANDARD R.W. GATE cGB 14A �"' °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