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C-3974 - Sidewalk, Curb and Gutter Replacement and ADA and Median Maintenance Strips
0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC February 17, 2009 Olivas Valdez, Inc. P.O. Box 4079 Rancho Cucamonga, CA 91729 Subject: Sidewalk, Curb & Gutter Replacement FY07 -09 (C -3974) To Whom It May Concern: On January 13, 2009, 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 January 16, 2009, Reference No. 2009000020611. The Surety for the contract is First National Insurance Company of America and the bond number is 6296605. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4c�' S. �� Leilani I. Brown, MMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 Bond No.: 6296605 Premium listed on Performance Bond CITY OF NEWPORT BEACH Executed in Four Originals PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 BOND NO. 6296605 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to 011vas Valdez, Inc., hereinafter designated as the 'Principal,' a contract for construction of 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM, Contract No. 3974 in the City of Newport Beacon, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No- 3974 and the terns thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, First National Insurance Company of America duly autfwrized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety) are held firmly bound unto the.,City of Newport Beach, in the sum of Seven Hundred Thirty -Six Thousand, One Hundred Thirty -Three and 501100 Dollars ($786,133.50) lawful money of the United States of America, said sum being, equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and adrninistrators, successors, or assigns, jointly and severalty, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment .Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3260 of the Civil Code of the State of California. PEI The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby. waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20th day of February 2008. , Olives Valdez, Inc. Olives Valdez, Inc. (Principal) First National Insurance Company of America Name of Surety Safeco Plaza, Seattle, WA 98185 Address of Surety 800 -332 -3226 Telephone .p. Mark Richardson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 • r CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange on C��C -^ 3�D before me, Tamrny Soto, Notary Public Date Here Insert Name and Trft 041he Officer personally appeared Mark Richardson Names) of signeris) Signer(s) Other Than Named Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here Cl Other: Signer Is Representing: ri "J�, 35 \," y NS'�Y ^'N °eT`NG: tY�'"a)�y;`-a "'a<' .�J�"e9�`d J" :•3 J . °N:` <Y/"J' eY/"y -yi" °cTi<J: ` -J%". 4- •- •- y'A.a> •. 1.0 rr rr: -• .r. w. ally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his /herflheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) Ta}Mdy SOtO acted, executed the instrument. corrvt�bn a 16460/0 zf_ Motary Pub1� - i certify under PENALTY OF PERJURY under the laws of orange cowo the State of California that the foregoing paragraph is true MyCantn.EtipiresFebt8,201 and correct. Witness nd�i ida eai:� Signature t Place Notary Seal Above Signature of Not Public OPTIONAL Though the information below is not required bylaw, 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: Number of Pages: Signer(s) Other Than Named Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here Cl Other: Signer Is Representing: ri "J�, 35 \," y NS'�Y ^'N °eT`NG: tY�'"a)�y;`-a "'a<' .�J�"e9�`d J" :•3 J . °N:` <Y/"J' eY/"y -yi" °cTi<J: ` -J%". 4- •- •- y'A.a> •. 1.0 rr rr: -• .r. w. ally ACKNOWLEDGMENT State of California County of LAS L'11� 1 On MAAcL \` h d 0 d before me, /(insert name and title of the officer) v Qpersonally appeared C C U ,\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her /their authorized capacity(ies), and that by his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) tHRIMIS OLRMS COMM. * 78888X6 r� rloirarrwxrC•cxtawrA a LOSAXLESC01RRY Cantu. hn S['P'r1 2718 This Document was electronically recorded by • 0 Cert Mail A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder H1011111MIO1N011111II NO FEE 2009000020611 11:57am 01/16/09 213 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, Califomia, 92663, as Owner, and Olivas Valdez, Inc., of Covina, California, as Contractor, entered into a Contract on March 11, 2008. Said Contract set forth certain improvements, as follows: 2007 -2008 Sidewalk Curb and Gutter Replacement (C -3974) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. VERIFICATION of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. T f Executed on �aVLUaV� 171 �lkiq at Newport Beach, California. BY City Clerk o. U CN VAN VERIFICATION of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. T f Executed on �aVLUaV� 171 �lkiq at Newport Beach, California. BY City Clerk ! • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK leilani 1. Brown, MMC January 14, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 1. General Services for Building D Locker Room and Restroom Remodel (C -4029) 2. Eastbluff Drive Street Rehabilitation (C -3968) 3. Tennis Court Fence Replacement — Grant Howald Park (C -4043) 4. Mariners Park Restroom Construction (C -3992) 5. Pelican Hills Road North and Newport Coast Drive Southbound Right -Turn Improvements (C -3945) 6. 2007 -2008 Sidewalk, Curb and Gutter Replacement Program (C -3974) Please record the enclosed document and return it to the City Clerk's office. Thank you. 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 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Olivas Valdez, Inc., of Covina, California, as Contractor, entered into a Contract on March 11, 2008. Said Contract set forth certain improvements, as follows: 2007 -2008 Sidewalk. Curb and Gutter Replacement (C -3974) Work on said Contract was completed, and was found to be acceptable on January 13, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. is Works Director of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. q Executed on Va ( at Newport Beach, California. BYl`i City Clerk r • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Project Engineer 949 - 6443330 or sluy @city.newport- bearh.ca.us .SUBJECT: 2007 -2008 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3974 Recommendations: Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. Discussion: On March 11, 2008, the City Council authorized the award of 2007 -2008 Sidewalk, Curb & Gutter Replacement Program to Olivas Valdez, Inc. ( Olivas). The contract provided for the reconstructing existing concrete sidewalks, curbs and gutters, cross gutters, driveway approaches, access ramps, and median stamped concrete; removing and pruning offending tree roots; and installing new tree root barriers per City Standards. The contract has now been completed. City staff had a very difficult time working with Olivas to induce it to complete the work. As an example, on July 16, 2008, Olivas had to be instructed to return to work when it did not return from an excused absence at the agreed upon time. (See attached letter.) When Olivas finally did return, Olivas did not provide an adequate number of workers to perform the work and the project began to fall behind schedule. Of higher concern was the very high number of complaints (over 50) the City received from residents regarding damage to private improvements or repairs that were not satisfactorily performed. Examples of problems include: 2007- 24bdewa1k. Curb & Gutter Replacement Program - 006M and Acceptance of Contract No. 3974 January 13. 2009 Page 2 On April 25, 2008, Olivas cut a water supply line at 2309 Fairhfll Drive and failed to flush the system after being instructed to make repairs. The water supply system throughout the house was contaminated with sediment. A plumber had to be called to flush the system and dean all appliance filters. Olivas reimbursed the plumber. • On May 8, 2008, the property owner at 2247 Donnie Road reported that Olivas had damaged a hedge and left concrete debris on the property. Olivas failed to respond and a claim for damages was filed with the City on July 25, 2008. The City paid the claim (Claim 1) and deducted an amount of $1,634.07 from the Contractor's retention. • On August 20, 2008, the property owner at 1716 Santiago Drive complained that the irrigation system had been damaged and had not been repaired even though the sidewalk work had been completed two weeks prior. The City had to call an independent plumber to make the repairs. Olivas reimbursed the plumber.. Olivas failed to make adequate repairs to the irrigation system at 1814 Toyon Lane. The City gave the property owners permission to make the repairs and to bill the project. The cost of this claim (Claim 2) was $1,415.45 which has been deducted from the contract value. Given that City Staff was spending an extraordinary amount of time and effort inspecting this project (approximately three times normal), responding to property owner complaints, and holding meetings with Olivas to find ways to improve project progress and reduce the level of community complaints, City staff elected to remove a major portion of the median island work from the contract (estimated cost of $36,121) in order to bring this contract to a close. The need for City Staff to spend the extra effort to assist Olivas in performing its contractual tasks was surprising as this sidewalk and concrete replacement project was not an atypical sidewalk replacement project and there were no unusual field conditions. While all completed work met City standards, the overall performance of this contractor was unsatisfactory and Staff cannot recommend Olivas for any future work in the City. Budget Review: Significantly larger quantities of curb & gutter (+ 776 LF), cros"utters ( +2,938 SF), driveway approaches ( +3,268 SF) and curb access ramps ( +6 Each) were constructed. Increased cost for these items were partially compensated by removing a large amount of the median work from the project. With these changes in quantities, the actual cost of bid items constructed exceeded the bid amount by about $31,769. There were five approved change orders and one pending change order totaling $5;106.32: 2007 -2001 ILK Curb & Gutter Replacement Program - Corr*n and Acceptance of Contract No. 3974 January 13, 2009 Page 3 1 Additional asphalt patching $4,992.90 2 Reconciliation Change Orders for the Overruns /Underruns 820.50 3 Additional asphalt patching 1,020.00 4 Additional work: sawcuts, plant grass 2,757.85 5 Deductions for sprinkler repairs by others (1,435.41) 6 Deduction for outstanding claims (pending) (3,049.52) Total $5,106.32 As the City has had to pay for two claims including processing fees in the amount of $3,049.52, this amount will be credited to the City as a negative change order yet to be processed. The final amount to be paid Olivas is: Original bid amount- $736,133.50 Actual cost of bid items constructed: 767,902.50 Total amount of approved change orders (1 -5): 8,1,55.84 Final change order (6) for claims deduction: (3049.521 Final contract cost: $773,008.82 The final overall construction cost including Change Orders is $773,008.82 which is 5 percent over the original bid amount. In addition to the primary construction contract, there were project expenses for material testing, printing and incidental costs: Construction $773,008.82 Surveying 7,640.00 Repairs on Private Property 4,943.52 Printing and Incidentals 178.43 Contract Inspection 2,607.70 Total Project Cost $788,378.47 A summary of the project schedule is as follows: Estimated completion date per June '08 schedule 12/05/08 Project awarded for construction 03/11/08 Notice to Proceed 04/14/08 Original completion date 07/29(08 Revised completion date based on approved 09/12/08 additional work and approved shutdown Actual substantial construction completion date: 09/12/08 The originally scheduled completion date was July 29, 2008. All work (excluding the median work which was removed from the contract) was substantially completed on September 12, 2008. Due to deficiencies in the certified payroll, the Economic Development Coordinator did not approve closeout of the project until December 10, 2008. 2007- 20089ewalk, Cwb & Gutter R"cemen1 Program -Co *"m and Accsptanm of Cmiract Nu. 3978 January 13, 2008 Page 4 Environmental Review: This project was categorically exempt from the provisions of CEQA per Section 15301(c), since the project consists of making repairs to existing sidewalks and other improvements that do not expand their current use. A Notice of Exemption was filed with the County Clerk. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction informational notices were distributed by the contractor to residents and businesses within the Work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. Fundinst Availability: Funds for the construction project were expended from the following accounts: Account Description General Fund CDBG ADA Ramps CDBG Sidewalks General Fund Medians Prepared by: Vp:fL Steph y Project Engineer Altachments: 1. City Retum to work Letter 2. Kawamura Claim 3. Calder Claim Account Number 7013- C5100020 7161- C5100548 7161- C5100020 7013- C2001008 Total: Stephen G. Badum Public Works Director Amount $ 488,011.16 $ 101,700.00 $ 78,297.66 $ 1051000.00 $ 773,008.82 Stephen G. Badum Public Works Director 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director July 16, 2008 BY FACSIMILE: (909) 574 -0556 Olives Valdez Inc. P.O. Box 4079 Rancho Cucamonga, CA91729 Attn: Robert Valdez Subject 2007 -2008 Sidewalk, Curb & Gutter Replacement Program Contract No. 3974; NOTICE TO RESUME CONSTRUCTION Dear Sir: During the last week of May 2008, you verbally requested a postponement of the 2007- 2008 Sidewalk, Curb & Gutter Replacement Program to work on a project in another city that had to be completed by the end of June. The City granted that request and on June 20, 2008 you stopped work and proceeded to the other project. As of today, July 16, 2008, after repeated written and verbal requests we have yet to receive a firm commitment as to the date your forces will return to complete the 2007 -2008 Sidewalk, Curb & Gutter Replacement Program. You are hereby notified that your contract time will resume on July 21, 2008. Per the Special Provisions 75 working days were allowed to fully complete all work of which 27 working days remain. Therefore the new project end date is August 26, 2008. Please be reminded that if you are delayed in completing the work for any of the reasons stated in the Contract Documents, you are required to notify the City Engineer in writing, explaining the causes of delay, and a detemrination will be made for any allowable time extension. In addition, if you do not complete the work within the time allowed, $500.00 in liquidated damages per calendar day will be assessed per the Contract Documents. if work does not begin in a timely manner, you will be considered to be in abandonment of the project and the City shall take the appropriate action to complete the project. If you have any questions, please call the Project Engineer, Stephen Luy, at 949 -644- 3330. ✓� W Dave Webb Deputy City Engineer cc Frank Mahn, Conswction kspectw Bob Stein, Deputy qty Englow 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. Caltfomia 92658 -8915 0 0 From: Farley, Lauren [ mailto: LFarley @city.newport- beach.ca.us] Sent: Thursday, December 18, 2008 1:47 PM To: Luy, Steve Cc Stein, Robert; Reed, Mike; Mullen, Larry; Anderson, Cheryl Subject: RE: 07-08 Sidewalk Project, C -3974 Total Amout $1,634.07 0 0 Luy, Steve From: Reed, Mike [mreed@cariwasren.com] Sent: Thursday, December 18, 2008 3:51 PM To: Farley, Lauren; Luy, Steve Cc: Stein, Robert; Mullen, Larry; Anderson, Cheryl Subject: RE: 07 -08 Sidewalk Project, C -3974 Just got back to my computer from yesterday ... in our system t see: Carl Warren Invoices– $617.17 Amount of Claim 885.00 not vet paid out– efforts made to transfer to the Contractor - Otivas Valdez Inc.— message left today and second letter sent Total $1,502.17 (Lauren's figure probably closer to correct adding time yet to be bitted (1.9 hours) – CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director November 19, 2008 BY FACSIMILE: (909) 574-0556 Olivas Valdez Inc. P.O. Box 4079 Rancho Cucamonga, CA 91729 Attn: Francisco Olivas, P.E. Subject: 2007 -2008 Sidewalk, Curb & Gutter Replacement Program Contract No. 3974; NOTICE OF REQUEST FOR REIMBURSEMENT. Dear Sir. The City has received the attached letter from Scott and Jane Calder of 1814 Toyon Lane regarding damage to their property related to Contract No. ' 3974. You are hereby notified that you may resolve this issue directly through the property owner by reimbursing them for the repair costs or the City will deduct the costs of the repair from your final payment If the issue is not resolved within 10 working days the repair costs will be deducted from your contract. If you have any questions, please call the Project Engineer, Stephen Luy, at 949- 644 -3330. Si rely, 1 Robert ein Deputy City Engineer W. Frank Martin, Mark PuglM, File 3300 Newport Boulevard • Post OIIlce Box 1768 - Newport Beach. Califorala 92658 -8915 October 26, 2008 Dear Mr. Stein, u SCOTT AND JANE CALDER 1814 Toyon Lane Newport Beach, CA 92660 This letter is a response to your letter of September 25, 2008. First, our apologies for the delay m u se. Since we received your IOU04 wqUMAMMout.Qf t - bit and otherwise occupied in town. I'm sure you can understand dhat, as your letter of September 25" was six weeks after we submitted to you, a copy of a paid invoice for f e, repairs necessary to undo the damage done by the "contractor" who ruined our sprinkler system and grass area curbside and above the sidewalk. As best as we can remember, someone showed up at the ead.of June telling us that the eity'was going to,replace.the sidevmlk in fmat of our trout. We were not told when or, who was going to do the replacement work Several people showed up a week or so later ani dug up the <sidewalk,.the spdnlder system and.ahout 8 inches of grass on each side of the sidewalk The broken sptinidets and • the "clods "•of Wass.vrere.dwmpedall slong•the remaking grass; :It was a MESS: We were told that the sprinklers would hale to be broken to complete the necessary sidewaUc installment and tbat the new sprinklers would be IM SAME QUALITY as those removed. "this simply was NOT TRUE. We tumed.the automatic sprinklers off as the exposed area FLOODED MUD all dorwa. the dug up area. We were told by the "contractor" that.he would be in the hospital for a fewdays and would complete the job the .followmg weeL IMAT WAVh for the neat five days, hand watering, and no one showed up to clean up, repair, replace or anything. ForWnately, we were intown during "time to hand Water. if not .the MiTME FRONT yard would have died and thus, would la ve had to be replaced as well! We decided to clean up the mess as best we could. The dug up grass was dead. We . disposed of it, The sprinklers which had been removed.were WORTHLESS, totally ruined, so they were also disposed-of. We shoveldd the mW.bacl to the formerly grassy areas and waited for help. The next weep; a crew showed up to.ponathe.new sidewa!k..:Atter they f niched and was dry; they removedAce wood frames", swrouaft the sidewalk . and, fhtew awn n in the steeet (gtrttel), TheYleit •:77?e &vut -yatd Yves stilt.a MESS,:i`�:sp�ablerss ds, Sad tick'- all. over * place:*ew Left by the " contractor?.:::: , . . Atfhis time I=oalled:the city and was. giveathe name and phone number of Frank .Aaron I got-in touch with him and he came; out to see what my complaints were.. I apologized for being really upset, and he said, "YOUR. COMPLAINTS ARE MILD COMPARED TO WHAT OTHERS HAVE SAID ABOUT THE SAME "CONTRACTOR ". Frank Martin told me to contact my own landscaper and have the yard put back together. He really could NOT believe the mess. We talked for about a half an hour, and decided to give the city "contractor" one more chance to fix the yard. This was a BIG MISTAKE. One worker showed up a day or so later and worked all day "trying" to install new sprinklers. He was here from 8 or 9 am until 6 pm. The "contractor' showed up and was a bit surprised to see that only a few sprinklers had been replaced. Both he and the worker showed up the next day and worked at least until 6 pm. We went out to dinner at that time, and they were gone when we returned at 8 pm. The sprinklers DID NOT work. They leaked HORRIBLY on the sidewalk, or they missed the grass completely in other areas and sprayed the street. The sprinklers were either put in too deeply or to close to the surface. It was a complete mess with MUD everywhere. Again, Frank Martin said to call our landscaper. We did and you have his invoice. Enclosed with this letter is his letter explaining what his crew did. Obviously we cannot answer all of your questions, as we are not in the landscape business, and more importantly, we did not think we would have to have a written timeline of what the city "contractor" was going to do. We assumed, mistakenly, that the job would be first rate and comparable to what we had. We were told that the same quality of product that was reproved would be replaced. As stated before, it was NOT. Inferior materials were used and to add insult to injury, the installation work, at best, would be described as substandard. Frank Martin was the only shining light in our experience with the "new sidewalk" project. He understood our complaints and did his best to assure us that our requests would be taken cam of. Should-you have any questions, please feel free to contact us. In the interest of time, we would appreciate your response be sent by email to janebcaldera,yahoo.com. Thank you for your attention to this matter. R gards, n w I , e and Scott Calder 40a LA" 1814 Toyon Lane Newport Beach, CA 92660 949.- 631-0999 encls. Foster bill and letter explaining work completed �Y• Fosters' Gardens, Inc. ' 113 Monte Vmta Avenue Costa Mesa, CA 92627 -1339 Phone#: 949.631 -6340 Faxr 949 -631 -2315 CALDER, SCOTT& JANE 1814 TOYON LANE NEWPORT BEACH, CA 92650 BY:!ef'_..... , CALDER. SCOTT & JANE 1814TOYON LANE NEWPORT BEACH, CA 9.2660 CALDER .:.. Not t 25 Days sales IRRIGATION MATERIALS (NEW LINES, HEADS & CONNECTIONS) 295 00 ' 295 AO 12.DD LABOR: SEE EXPLANATION #1. 43.00 8131M Quantity .:.. 1.00 IRRIGATION MATERIALS (NEW LINES, HEADS & CONNECTIONS) 295 00 ' 295 AO 12.DD LABOR: SEE EXPLANATION #1. 43.00 516.00 1.00 SOD 210.00 210.00_ 7 -50 LABOR: SEE EXPLANATION 02 43.00 322.50 1.00 SPRMIQERHEAD 10.50 16.50 0.50 -LABOR: SEE EXPLANATION #3 43.00 21.50' LABOR DUE TO DAMAGE DONE BY CITY DURING REPAIR OF CITY SIDEWALK- i EXPLANATIONS: 01. TRENCH & PREPARE SOIL FOR NEW IRRIGATION HEADS & UNES DUE TO I CITY DAMAGE (2 TECHS X 6 14RS=12 HRS). WORK PERFORMED 7118108 AND 7=0& #2 PREPARE SOILAND GRADING FOR NEW SOD, INSTALL SOD & WATER (3 TECHS X 2.5 HRS =7.5 HRS).. WORK PERFORMED 7fMO8.. 03. CHECK FRONT R PJGA71ON WHERE GRASS WAS REPLACED. FOSTERS' GARDENS UNABLE TO CHECK & RUN ON 725(06 DUE TO HOMEOWNER'S GARDENERS SERVICING RESIDENCE. REPLACED (1) SPRINKLER HEAD (1 TECH 12 HR). WORK PERFORMED 7/29/08. Subtotal 1,375.50 THANK YOUI Sales Tax 39,95 Freight Total Invoice Amount 1,415.45 Popnent/Credt Applied 4.5% late fee on past due Involce(a, .Oct 09 08 02:37P W C Faster 946-715-1850 P.1 'DOst res" !3a'LQEn4', ffn, 113 Monte Vista Avenue Costa Mesa, CA 92627 -1339 (949) 631 -6340 Fax(949)631 -2315 October 9, 2008 (2:10 pm) Mr. & Mrs. Scott Calder 1814 Toyon Lane Newport Beau. CA 92660 RE: Irrigation & Said Repairs Dear Jane, VIA FAX: (949) 631 -4141 (2) Pages In response to:your October 713' fact and ON Mm up phom conversation, I am pAkV in w Wn9 the scope of work required to restore your irrigation and lawn areas back to the beautiful condition they had been in prior to the City's sidewalk replacernent construction. Jane. you contacted Fosters' Gardens to perform the Mowing Woric 1. Assess and repair irrigation m sidewalk area 2. Regrade soil to proper height 3. Install new grass (sod) 4. Check and run irrigation for proper coverage After we had evacuated the job site, we fotind that the City's irrigation repairs were Werror to the original irrigation we had installed. when we had re-laridspped for you a few years ago, The actual irrigation repairs enlaeTed apprwarnately 60 feet of rework on each side of the sidewalk We installed new I'seas and new double swing connectors to minimize any chance of sprinkler heads beirig broken by hip or side impacts. We also installed new sprinkler bodes & noz im (16 —4' p opirps). The ones brat had been installed by the City were 3' and inadequate to properly cover ties grass. We removed the er4abon parts installed by the City and mgvr ad them to you for your inspection. After we installed the proper piping and Wonkier heads, we had to r egrade the son in preparation for installation of the new sod. I am sure that one reason for the additional Fosters' Gardens laborltime spend on to job site was the same reason the sidewalk had to be replaced by the City. There were very cumbersome large tree roots 81ot cane into play with reworking the irrigation and regrading of the soil. Oct 09 00 02:37p G & C Foster Jam. I know you were there and as always Fosters' Gardens technicians would dw& in With You whenever we were on site doing our work We also pride ourselves in properly scheduling with our clients• so that we are always on site on the props' dayWfirnes- If I can be of any further assistance to you or Scott, just give me a call- Sincerely, Steven W. Foster President SWF.df I FREMMEFORMEMNIRAC17TIMMANALME1717 TO ADIUSTMF,NT BASED ON FINAL CDNTRACI'PRICB CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 Bond No.: 6296605 Premium: $9,254.00 Executed in Four Originals 2007 -2008 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 BOND NO. 6296605 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9,254.00 , being at the rate of $ ` thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Olives Valdez, Inc., hereinafter designated as the "Principal ", a contract for construction of of 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM, Contract No. 3974 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No, 3974 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and First National Insurance Company of America duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Thirty -Six Thousand, One Hundred ThirtyFThree and 50/100 Dollars ($736,133.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers; employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. " $14.40 per thousand for the first $500,000.00 $ 5.70 per thousand for the next $2,000,000.00 $ 6.90 per thousand for the next $2,500,000.00 9D 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys fees, incurred by the City, only In the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of February 2008. ,,, , Olivas Valdez, Inc. Olivas Valdez, Inc. (Principal) First National Insurance Company of America Name of Surety Safeco Plaza, Seattle, WA 98185 Address of Surety 800 -332 -3226 Telephone Mark Richardson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 9 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange 0 On before me, Tammy Soto, Notary Public Date Mere Insert Name and Tele ol me Officer personally appeared Mark Richardson Name(s) of Signer(s) Z. ! °t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histherftheir authorized capacity(les), and that by histhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my and o 'al seal. Signature Signatur 0 r tic 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 Document Title or Type of Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(S): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate officer— Title(s): MIS Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 0 007 National Notary Assodi on • 9350 N Solo Am, P.O. So. 2402 • Cnatsv ortn CA 91313.24021 w NatlonalNoteryorg Item X5907 Reorder: Call Toll -Free i- 900.8768827 • • ACKNOWLEDGMENT State of California ." County of L-CS On WO/ \(, — OGU' before me, �6 4�VVL Q1i �J 17-3, t)2 � At (insert name and title of the officer) personally appeared 0.s Ck,:S CU O 1l J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshetthey executed the same in his/her /their authorized capecity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature k (Seal) CHRISTINE OUYA$ COMM. t 1689516. N MUM VUIC•CN/ONM LOS COMM 1pt WCaenF�MrlN11170f6 R KNOW ALL BY THESE PRESENTS;, POWER OF-ATTORNEY No, '12804 :Sefeoo Insurance Companles PO Bmi 34528 Seattle, WA 99124411528 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington. corporation, does hereby appoint "**"*""**` ** ***"ERIC LOWEY; STEPHANIE PRAM; MARK MCHARDSON; Costa Mesa, California"*"""**"** **** Its true and lawful attomey(s)dn -fad, with full authority to exatxite on behalf of the company fidelity. aid surety bonds or undertakings and other documents of a similar character issueci.,by the company in the course of its bus,'mess, and to bind .FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such- ihs6umants had been duly executed by its'regulary eler2ed officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and•aftested these Presents this 28th .day of December .2005 �p�iaviao "� =1x�af A61 5r- STEPHANIE DALEY WATSON, SECRETARY Mil<E- PETER$, PRESIDEN7:SURETY CERTIFICATE Extract from the ey -Laws of FIRST NATIONAL INSURANCE COMPANY OFAMERICA Arlide V, Section :13. - :FIDELITY AND SURETY, BONDS ... the. President, any Vice President,, the ..Secrelary,.and arty Assistant Vice Preaitleot,appbtnted'for that purpose -by-the.offieer in charge "of surety operations; shall each have authority to appoint individuals as a0omeysarHact or wider other apprapriale Mies Wills authority. to execute on behalf of the company Otlell yr.and surety. -bonds and other document? of similar characterissued by the tympany in the course of its timiriess_.,On arry Instrument making'or evidencing such appointment, the signatureshrey be affixed, by facsimile. bn any instrument canferring,siich authority or on atlq bond or .undertaking of the company, the seal, era facsimile . thereof,. may be. impressed or affixed or in any other mannerreprod.uced; provided; however, that the 'sea[ shall not ba necessary to the validity of any Such inshitment'or undertaking." Extrad from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMP AMERICA adopted July'28, 1970: "On any certificate encuW,If y the Secretary sc an assistant secretary of the Coripahy setting out, A) The provisions of Article V, Sectba 13 of the By4Laws, and .(ii) . A,copy of'the powor-of- attomey appolnlment,.executed pursuant thereto,. and ,(fir) Certifying that said powerof- attomey appointment is in full force and.effect, the signature of the rx'"inq officer maybe try facsimile, ana the�seal 611be Cornliadynmay be.a facsimile thereof:" I, Skphanie Daley - Walser , secretary of FIRST NATIONAL INSURANCE COMPANY OF:AMERICA,.do fleretiy'cerllily theft,e ',foregoing 'extracts :bf the. By -Laws and of a. Resolution of the: Board of Directors of,this corpofation,'and.of'd'Powar of.Attomey �lssued;pumuant thereto, are tms and correct, and that both the'By-L'aws, (He'Resalution end the Powerof AMmey are salt In flat force .and effect.. IN WITNESS WHEREOF, I have heremilo set my hand and affixed the faesimilsisal of said corporation this 20th -day of February 2008 `�guYJrMC : P 1928_�p 'STEPHANIE DALEY- WATSON, SECRETARY .'� s Sates"'& - and M sate>:o logo smitiistered trademarks of Safew Ctxp"raaoh. S- 1049MF 4/85 WM PDF CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 a.m. on the 14th day of February, 2008, at which time such bids shall be opened and read for 200. 7 -2008 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Title of Project Contract No. 3974 $785,000.00 Engineer's Estimate by 4ephen G. Badum blic Works Director Prospective biddef"s may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project., "A or C -8" For further information, call Stephen Luv, Project Manager at (949) 644 -3330 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks s 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................4 BIDDER'S BOND .............................................................................. ..............................6 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................8 NON - COLLUSION AFFIDAVIT ........................................................ .............................12 DESIGNATION OF SURETIES ........................................................ .............................13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 14 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................16 INFORMATON REQUIRED OF BIDDER ......................................... .............................17 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................20 CONTRACT..................................................................................... .............................21 LABOR AND MATERIALS BOND .................................................... .............................27 FAITHFUL PERFORMANCE BOND ................................................ .............................29 SUMMARY OF CONTRACT PROVISIONS (FEDERALLY FUNDED PROJECT) ...... S -1 FEDERAL WAGE DECISION ........................................................... ............................F -1 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 FA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB $ GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 INSTRUCTIONS TO BIDDERS 1. This project will use federal Community Development Block Grant (CDBG) funds for a portion of the construction costs. Therefore, this project will be subject to the certification, compliance and reporting requirements of the Davis -Bacon Act (29 CFR 5.5(a)), U.S. Department of Housing and Urban Development Section 3 regulations (24 CFR part 135), Copeland Act (29 CFR 3), labor safety standards and other federal requirements. These requirements are contained in the Federal Provisions. 2. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL LABOR COMPLIANCE BID SUBMITTAL REQUIREMENT FORMS 3. 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. 4. 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. 5. 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. 6. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 7. 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. 0 8. 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. 9. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions.of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.access.aoo.aovldavisbacon 10. The Contractor shall be responsible for insuring compliance with provisions of Sections 1777.5- 1777.7 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 11. 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. 12. Prevailing Wage Statement: This is a federally- assisted construction contract. Federal Labor Standards Provision, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages, the higher of the two will prevail. 13. Section 3: This is a HUD Section 3 contract and all bidders must commit to achieving the Section 3 employment and contracting goals to be considered a Section 3 Responsive Bidder. A bidder who is not responsive to Section 3 requirements shall b considered a non - responsive bidder to this invitation for bid. 14. Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub - recipients, the conflict of interest provisions in 24 CFR 85.36, OMB Circular A -110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. The signature below represents that the above has been reviewed. Contractor's License No. & Classification 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of (10 %) Ten percent of the attached bid amount Dollars ($ to% of amt. ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2007- 2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM, CONTRACT NO. 3974 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the fonn(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 11th day of February _, 2008. Olivas Valdez Inc. Name of Contractor (Principal) First National Insurance Company of America Name of Surety Safeco Plaza, Seattle, WA 98185 Address of Surety 800 -332 -3226 Telephone Stephanie Pham Attorney jn Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT State of California County of LtS bm �4KQ="0 ) On ' eb, \`,� tAQ before me, A—AiL 0W69 . t\ C Ift4 1� ,� I 1 _ (insert name and title of the offic personally appeared -6 t - " V O��kgyt, who proved to me on the basis of satisfactory evide a to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHRISTINE OLIVAS WITNESS my hand and official seal. COMM. # 7693346 vi IloTWFUBLIC -C WORM 1016 7 LIDS, eaw. 7a7�r COUM � Signature (Seal) 0 0 CALIFORNIA ALL-PURPOSE STATE OF CALIFORNIA County of Otmnge On Q;L before me, T_ arum Sofo. Notary Publfc Dale Hare tneert Name a�Tale o the Officer personally appeared Stephanie Phnm Narrate) of Signer(s) V_y Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witne a$nd� II seal Signature II Signature of Notary lie 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: Number of Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Off icer— Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2807 National Notary Awrociabon • 9360 De Soto Ave., P.O. Box 2402 - Cbatawodh, CA 91313-2402 •,".NationalNolary.org nem 45907 Reorder Call Toll.Fina 1.800.876.6627 +w i :POWER Safeco Insurance Companies e, OF.AT-IORNEY PO Bae,34626 zafsae No. 12604 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a W6shinglon corporatbnr does hereby appoint .. *" * * * *" * ** *ERIC LOWEY; STEPHANIE PHAM; MARK RICHARDSON; Costa Mesa, Californ a "bf °•°°"' "• °" its true .and lawful attordey(s in -f6d, -with full Authority to exande on behalf of the company fde1@y And surety bands or undertekings'and other documents af�a similar character. issued. b)' the canpany in the course of its business, and to bind FutsT NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as If such instruments had been duly executed by its regularly elected officers at its home office. IN- WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 28th day-of December 2005 �rrp�alst.<vJn�f.¢li�� ��dr���y STEPHANIE DALEY•WATSON, SECRETARY MIKE PETERS, PRESIDENT, SURETY CERTIFICATE Extradl from'the By -Laws of FIRST NATIONAL INSURANCE COMPANY OFAMERICA N ... the President, V, Section 13, - :FIDELTY AND SURETY. BOD ry'Vtce President, the. Secretary, .and any Assistant Vim President appbinted'for that, purppse fiy.[he officer+ln charge of surety cpamiloris, shall each have, authori Best's Rating Center - Corn y Information for First National Ins *nce Co of ... Page 1 of 1 view Raungc:Financiad.Strengtb IyCrad'1 Securities Advanced- Search First National Insurance Co of America I.—.1 cr Si 1-tvc. WnPonba) A.1&ante:*M6 NNCi:N FEIN0: 010]R144 .1'.. Nnw V.1k Rwk E %dNw,. NEE Address: Safec , Plaza, 1001 Fourth Avenue Phone: 206545 -5000 Seattle. WA 98154 Fax: 206-545-5500 Web: www.safeco.com Best's Ratings Financial Strength Ratings View Definitions Rating: A (Excellent) Affiliation Code: p (Pooled) Financed Size Category: XV (&2 Billion a greater) Outlook: Posithm Action: ARirmed C-Oective Date: May 30, 2007 * Denotes Under Review Best's Ratings Other Web Cent..e selet rbn nI., inasgrad b[o ,. .,rr KW.opnwn.an px 1.. ee4t)b -1I.r angong onealb,e ra 4c- IMAEpe Issuer credit Ratings View Definitions Lang -Term: a+ Outlook: Positive Action: Affirmed Date: May 30, 2007 Reports and News V*h our NewsROOm for the latest news and press releases for this company and its A.M. Best Group. AMB Credit Report - Insurance. pyri st ipnel (Unabridged) (formerly known as Best's Company Report) - includes Bests Finn nationals along SIN comprehensive analytical commentary, deWiped business overview and key financial dam. Report Revision Date: 06/1812007 (represents the latest significant change). 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Ambesi Road. Okwick. Now Jersey. 08858. U.S.A. http: / /www3. ambest. com / ratings /fuIIprofile.asp ?ambnum= 2446 &U RATI NG I D =84... 02/14/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 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 Number Description of Work %of Total Bid pp Name: L(Lr� c� Ui Address: : � �(� t1 U � � Phone: 7 State License Number: L / bvw Name: Tf -4J 24 dppr/ L4 u, Address: J' p z r - 06 ' Ll ' _^^ N w �I v4 Phone: State Lic nse Number: Name: LonlptAke, 659L i�'�^''lht (7JC t Address:- 3 gds - 74 , r� , _ p Phone: 9a 4- a 931_ U 5-10 Slate License Number: r0 ,S1 L"%,a- Bidder AWorized Signat re(ritle 111 u CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name a4 ;!/ _r P-A A E27' /&6-, - FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount If final amount is different from Contract Amount please explain (change orders, extra work, etc.) Did you file any claim�fagainst the Agency? Did the Agency file any claims against you /Contra r? If yes, briefly explain and indicate outcome of claims. 7 F • No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person c To: Original Contract Amount $ Final Contract Amo nt $ If final amount is different from original, plele explai (change orders, extra work, etc.) Did you file any claims against the against you /Contractor? If yes, bri No. 3 Project Name /Number _ Project Description Approximate Construction Agency Name _ Contact Person Original Contract If final amount is From jd the Agency Ievany claims and indicat(kMgcome of claims. F Telephone ( ) $ Final Contract Amount $ from original, please explain (change orders, extra work, etc.) Did you file any Paims against the Agency? Did the Agency file any claims against you/Co/tractor? If yes, briefly explain and indicate outcome of claims. t:? No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ Final Con If final amount is different from original, please Telephoy(e ( ) orders, extra work, etc.) Did you file any claims against the Agenc Vi he Agency fil k claims against you /Contractor'? If yes, briefly exp in d indicate o e of claims. No. 5 ` Project Name /Number Project Description MAJ Approximate Construction Dates: rom To: Agency Name Contact Person Telephone ( ) Original Contract Amo/tfrom Final Contract Amount $ If final amount is differe original, please explain (change orders, extra work, etc.) Did you file any cl ±s against the Agency? Did the Agency file any claims against you /Conti ctor? If yes, briefly explain and indicate outcome of claims. 9 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount If final amount is different i Telephone ( ) Amount $ explain (change orders, extra work, etc.) Did you file any claims again the Agency? Did the Agency file any claims against you /Contractor? If y s, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractors current financial conditions. Bidder A .vfrorized Signature/Title 10 • OLIVAS VALDEZ INC. CONSTRUCTION LIc. # 784558 Proiects Completed/References Last Update on: December 2007 i ENGINEERING & INSPECTION SERVICES Name of Project Owner Owner's Phone Owner's Contract Date of Work No. Representative Amount Completion Performed by OVI °/a Laurel Avenue City of Colton (909) 370 -5065 John Jefferson $346,242 December 2007 100 Minor Concrete LACDPW (626) 458 -3147 Johann $917,431 April 2007 90 Vandenbur Bus Stop Improvements City of (562) 929 -5550 Susan Chow $2,212,968 March 2007 90 Norwalk Beaumont Avenue Bridge San (909) 376 -5800 Wael Faqih, RE $1,734,600 March 2007 63 Bernardino County DPW Construction of Sound Caltrans (310) 649 -1821 Eloy Castillo $1,940,500 February 2007 74 Walls on Concrete Barriers x (23 1) 07- 242004 Big Dalton Wash LACDPW (626) 458 -3144 Hector $356,770 November 2006 100 Hernandez Maple Avenue Reconst. Caltrans (951) 538 -3087 Maged Youssef, $681,167 October 2006 40 08. 492504 R.E. San Francisquito LACDPW (626) 458 -3166 Emil Kurlyand $332,000 March 2006 95 Canyon Flatcar Bridge 2005 -06 Palm Avenue City of San (951) 634 -5858 Henry Wilson $278,000 January 2006 83 Improvements Bernardino 2005 -05 Sidewalk Repair City of (818) 238.3947 John Molinar $506,925 December 94 Burbank 1 2005 2005 -04 Lindero Canyon LACDPW (626) 458 -3157 Harry Cong $724,000 November 2005 87 2005 -02 Bus Stop OCTA (714) 560 -5432 George Saba $704,000 October 2005 95 Modification Miscellan. Curb Ramps City of (805) 449 -2432 Manuel Alvarez $431,800.00 August 90 Project No's C14036 & Thousand 2005 CI4206 Oaks ADA Ramp Replacement City of South (626) 403 -7240 Edward Hitti $97,900.00 July 2005 100 Project Pasadena CDBG No. 600707 -04 If you have any questions or require any additional information, please contact this office at 626- 915 -7633. Respectfully Submitted, �Olivas Valdez Inc. " Robert J. aldez - President PO Box 4079, RANCHO CUCAMONGA, CA 91729 PHONE: (626) 915 -7633 FAx: (909) 574 -0556 0 JESSICA ARAUZ 8439 MULBERRY AVENUE FONTANA, CA 92335 chineerann yahoo.com Professional Capabilities 0 In five years, Ms. Arauz's technical expertise evolved from being a junior engineer on a major bridge seismic retrofit project, to work as the SWPPP Manager on a 60 Million- dollars highly sensitive environmental project, to becoming a Project Manager of relatively small projects. Over the years she has performed various duties on numerous projects. From technical testing and monitoring, to quality control oversight as well as construction management. Ms. Arauz's project experience varies from working on CalTrans projects to working with other major agencies, such as the Alameda Corridor Transportation Authority and Metropolitan Transit Development Board. Ms. Arauz's experience includes project management and coordination, scheduling of work, preparation of technical submittals and coordination with Federal and State Agencies. Select Project Experience Assistant Project Manager, Olivas Valdez, Inc. Various Cities, Southern CA • Responsibilities include project management and coordination, scheduling of work, material and equipment ordering, preparation of technical submittals, RFI's, extra work bills, change orders and general administrative documents, such as contracts, purchase orders, etc, as well as coordination with Federal and State Agencies. SWPPP Manager, Modern Continental Co. San Diego, CA • Responsible for the preparation, submission, and receiving of the SWPPP Plan and the effectiveness of the BMP's (Best Management Practices) of the Mission Valley LRT Extension Project — Grantville Segment. Metropolitan Transit Development Board contract value of 60 Million- dollars. • Main goal as a SWPPP Manager was to ensure full compliance of the Project SWPPP and Water Quality Control Permits (State General Permit, Caltrans, CA Dept. of Fish and Game Permit and U.S. Army Corps of Engineers Permit). • Job responsibilities included implementation and maintenance oversight of approved BMP's, pre - storm and post -storm inspections, as well as continuous ongoing inspections during project duration; coordination ensuring all needed corrections /repairs are made immediately, attendance of SWPPP meetings with Calttans, RWQCB and MTDB's representatives to discuss problems and measurements to avoid possible non - compliance. Senior Field Engineer, Modem Continental Co. San Diego, CA • Accountable for inspection /oversight of field operations of the Mission Valley LRT Extension Project — Grantville Segment. Contract value of 60 Million - Dollars. • Job responsibilities as a Field Engineer included development of project records (Le., project photos, daily quantity reports and daily written reports), project coordination with field foremen and inspectors, attendance of weekly progress and subcontractor's meetings. • Other responsibilities included daily updating of the project schedule, and obtaining all necessary permits for the project (Caltrans Encroachment Permit, Traffic Permits, etc). 0 0 Project Engineer, Modern Continental Co. Los Angeles, CA • Assisted in management operations of the South -end Segment 3 ACTA Project. Contract value of 18 Million- dollars. job responsibilities included development of project records, daily project coordination with field crews and inspectors, and attendance of weekly progress meetings. • Responsible for preparation of project submittals and responding to correspondence from ACTA's Resident Engineer, sub - contractors, and venders. Also prepared progress billings and extra work bills. Project Engineer, Vandani Construction Co., Inc. San Francisco, CA • Assisted in the daily management operations of the CalTrans Bay Bridge approach contract, Bayshore II Project. Contract value of 16.5 Million- dollars. • Welding Quality Control Manager, for welding operations, Bayshore II Project, consisting of over 5,600 weld splices for pipe piles. Responsible for CWl personnel reports assuring accuracy and contract compliance. Reports included Welder Qualifications, PQR /WPS development and transmittal, as well as daily weld reports. • Responsible for preparing, submitting, and receiving project correspondence, submittals and reports to CalTrans, as well as SWPPP implementation. Project Engineer, Vandani Construction Co., Inc. San Francisco, CA • Assisted in the daily management operations of the City of San Francisco Third Street Bascule Draw Bridge Retrofit over the China Basin Channel. Contract value of 11.5 Million - dollars. • 31d Street Project consisted of retrofitting a 325 ft bascule steel bridge, to include removal of corroded structural steel members, demolition and replacement of 125 ft concrete approach bridge, as well as replacement of the drive operating system to include construction of new two -story operator house. • Acted as an Interim Project Manager during the final phase of the project, in an effort to close out the contract. EDUCATION BS /1998 /Mechanical & Material Science Engineering, UC Davis OTHER TRAINING 24 hours SWPP Training/ Caltrans/ 2003 Storm Water Basics Training Course /AGC /2002 Primavera P3 — Scheduling Course /AGC /2002 0 0 ROBERT J.VALDEZ 8439 Mulberry Avenue, Fontana, CA 92335 gjvaldez99 AKahoo.com SELECT PROJECT EXPERIENCE 5/00-Present OLIVAS VALDEZ INC. Covina, CA President Perform various duties regarding company operations and goal setting as President and Treasurer. Responsibilities include overall corporate direction and guidance to include business plan, DBE /SBA applications, Corporate documentation, financial concerns to include equipment purchases, as well as assist in daily field operations. Establish job - costing method for construction and inspection operations and monitor financial performance of each project. Oversea all corporate accounting operations to include accounts payable, accounts receivable, payroll, and tax responsibilities. 8/99 -4/00 VAHDANI CONSTRUCTION CO., INC. San Francisco, CA Project Manager • Responsible for managing the Caltrans Bayshore 11 Project, the Bay Bridge approach. Contract Value of 16.5 Million- dollars. Eliminated 25 working days, within 4 months, from time schedule by increasing project efficiency while maintaining the same amount of equipment and personnel. • Job responsibilities include, but not limited to the following: contract implementation and write up, coordination of sub- contractors, materials acquisition, scheduling, and project coordination. 6/98 -7/99 FORD MOTOR COMPANY Indianapolis, IN Material Handling Supervisor, Material Planning & Logistics Department • Manage receiving dock for manufacturing plant with 1.1 Billion - dollars in annual revenue, consisting of 3000 individual inbound shipments per week, including Full Truckload and LTL Carriers. • Supervised 40+ union employees responsible for the distribution of material throughout the plant, and for providing material handling services for an average of 25 separate assembly lines and manufacturing areas. Material Control Analyst, Material Planning & Logistics Department • Responsible for the inflow of steering gear production material for approx. 80% of Ford cars and trucks worldwide to include Jaguar and Mazda, using a computerized MRP system. This includes monitoring and communicating with 100+ Companies supplying approx. 425 unique parts and raw steel. • Coordinated the initial material inflow with suppliers and buyers for new product line. • Team member responsible for implementing Just -In -Time Material flow for 1.8 Million SF Plant. Individual responsibility included: analyzing ship quantities for designated storage area, realignment of ship frequencies, determine most affective carrier types, and input data into new computer system. 7/97 -6/98 SYRACUSE UNIVERSITY Syracuse, NY Graduate Assistant, Operations Department • Responsible for the tutoring and grading of undergraduate students in Operations Courses. Subject matter included: Operations Scheduling, Work Force Management, Production /Operation Strategies, Process /Layout Strategies, Location Strategies, Inventory Theory, and JIT Systems. 5/97 -8/87 C.A. RASMUSSEN, INC. Simi Valley, CA Civil Engineer, Los Angeles/ Ventura DMsion • Designed soil shoring, soil nail wall, concrete formwork, and cost estimate for 3 Million -dollar heavy construction project. • Developed Government required project plans to include: Storm Water Pollution Prevention Plan, Safety Plan, Quality Assurance Plan, and Environmental Plan for an environmentally sensitive Corps of 0 ROBERT J.VALDEZ 0 Engineers Project. Also met with government agency during development of plans, as well as ensured compliance during construction. 5/92 -8/96 CALIFORNIA DEPARTMENT OF TRANSPORTATION Sacramento, CA Liaison Engineer, ExtemaUy Financed Project Branch • Team member responsible for design oversight of consultant designed bridges, retaining walls, and other transportation structures throughout the sate of California. • Ensured consultant's plans and calculations coincided with the Department of Transportation Design specifications, projects included toll road in Los Angeles with an estimated value of 1.25 Billion- dollars. Assistant Structure Representative, Structures Construction Branch • Owners field representative on 16 Million - dollar heavy construction project, consisting of seven new concrete bridges. Ensured compliance with contract plans, specifications, and OSHA regulations. • Approved Change Order work as needed and negotiated cost of such work. Structural Design Engineer, Structures Design Branch • Designed structures related to highway transportation such as bridges, retaining walls, sound walls and maintenance stations. • Determined material quantities for development of construction cost of such projects, with some projects exceeding 15 Million- dollars. MILITARY EXPERIENCE, U.S. ARMY 6186 -1196 RESERVE DUTYASSIGNMEIVT Drill Sergeant /Instructor Various Locations • Attached to the Oregon Military Academy as an Assistant Senior Drill sergeant for 60 to 150 Military personnel. In addition trained Active Duty troops at various stages of Basic Training. • Responsible for the training and welfare of new National Guard Troops, and the training of Reserve Drill Sergeants. • Assigned to the Automatic Weapons Committee with responsibility for instructing large groups, (100+ personnel ), on the proper utilization of automatic weapons, as well as operating life fire ranges. 8/82 -6/86 ACTIVE DUTY ASSIGNMENTS Sergeant, Squad Leader Fort Carson, CO • Supervised and trained subordinate personnel within a reconnaissance organization. • Accountable for the security and maintenance of "High Security" equipment for 130 men and 35 vehicles. Estimated Value of equipment was 2 M llion- dollars. Various Positions Bamberg, West Germany • Team member of a unit responsible for security and reconnaissance operations against the Warsaw Pact nations along the East -West German border. Also held position of Aid to Squadron Commander. EDUCATION Syracuse University, Syracuse New York — Master of Business Administration, May 1998 Concentrations: Finance and Operations Management Portland State University, Portland Oregon — Bachelor of Science Civil Engineering, December 1991 SUPPLEMENTAL EDUCATION Calunns Falsework Training Course, 1993 Fundamentals of Engineering Certificate, 1992 Caltrans Bridge Design Academy, 1992 Army Drill Sergeant Course,1988 Army Instructor Training Course, 1987 AFFILIATIONS • Society of Hispanics Professional Engineers • Hispanic Engineers Business Corporation • National Society of Hispanic MBA's • The American Legion 0 FRANCISCO "Paco' OLIVAS, P.E. 846 No. Charter Drive, Covina, CA 91724 Phone: (626) 915 -3710 Raco57(@earthEnk.net EXPERIENCE 05/00- OLIVAS VALDEZ INC. Covina, CA Present Vice President Performs various duties regarding company operations and goal setting as Vice President and Secretary. Job responsibilities include, but not limited to the following: Project selection for bidding, Chief Estimator, Contract implementation and write up, material acquisition, and scheduling. Also, monitors various construction field operations and job costing. Prepare plans and calculations for excavation shoring, concrete formwork, and bridge falsework, as well as, oversee and coordinate inspection operations as consultants to various Public Works Agencies. 01/99 — 04/00 VAHDANI CONSTRUCTION CO., INC. Los Angeles, CA Senior Project Manager /Estimator • Performed Senior Project Management duties on multiple projects exceeding $ 36 million worth of public works projects. Job responsibilities include, but not limited to the fallowing: Contract implementation and write up, managing sub - contractors, material acquisition, scheduling, and reoccurring estimate of projects completion for pay purposes. • Responsible for estimating several Heavy Civil Construction Projects, consisting of bridges, retaining walls, etc. Duties included estimating cost of such work, preparing bid submittal, as well as negotiate cost of work done by sub - contractors. 07/95 - 01/99 C. A. RASMUSSEN, INC. Simi Valley, CA Los Angeles/ Td- Counties Division Division Structures Engineer • Managed Structural Engineering work required on all Heavy Civil Construction projects throughout division. Projects included dams, bridges, channels, and retaining structures. Prepared calculations and plans for the following types of work: Soil shoring, concrete formwork, bridge falsework, and cost estimate of such work for multi- million dollar construction projects. • Developed required government agencies submittals essential to project plans, to included: Storm Water Pollution Prevention Plans, Project Safety Plan, Quality Control Plans, Environmental Plan, Confined Space Operations Plan, Competent Person Plan. Project Manager • Managed the Devils Gate Dam reconstruction Project, consisting of $8.5 Million of structural work. Responsible for interpretation and implementation of contract plans and specifications. • Responsible overseeing sub - contractors, compliance with government agencies requirements, contract change orders as well as negotiated cost of such changes, and ensured quality work on time and within budget. FRANCISCO "Paco" OLIVAS, P.E. .07/91-07/95 CALIFORNIA DEPARTMENT OF TRANSPORTATION Various Locations Structures Representative, Office ofStructures Construction • Owner field representative on heavy construction projects ranging from $500,000 to $20 million in structures work. Projects consisted of various highway structures to include seismic retrofitting of existing bridges. Monitored contractors work and schedule to ensure compliance with contract plans, specifications, and OSHA Regulations. • Approved Change Order work as needed, and negotiated cost and time line of such work. Held accountable for documenting all project work to be used in possible future construction. Transportation Design Engineer, Office ofprelinimmyInvestigations • Responsible for preliminary foundation investigations and full design reports for use in bridge design and construction. • Performed as well as analyzed field surveys and hydrologic information, for the development of computer generated topographic plans for engineering design of structures. Structural Design Engineer, Structures Design Branch • Responsible for design of structures related to highway transportation such as bridges, retaining walls, sound walls and maintenance stations. • Supervised the drafts people in the development of construction plans, as well as reviewed project construction Specifications. • Verified various staff engineer's structure designs. Verification consisted of reviewing design calculations and assumptions, to include actual construction plans. • Calculated material quantities for estimating construction cost of such projects, with some projects exceeding 20 Million dollars. EDUCATION California State University, Pomona - Pomona California - Bachelor of Science Civil Engineering, June 1991 REGISTRATION California Professional Engineer, Registered Civil — RCE 52657, April 1994 SUPPLEMENTAL EDUCATION • Caltrans Falsework Training Course, 1993 • Fundamentals of Engineering Certificate, 1993 • Caltrans Bridge Design Academy, 1992 AFFILIATIONS • Society of Hispanics Professional Engineers • American Society of Civil Engineers • Hispanic Engineers Business Corporation 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 NON - COLLUSION AFFIDAVIT State of California ) /� ) ss.® Countv of '1'4 / Aye Co' ✓ dgeU aZd4 t- , being first duly sworn, deposes and says that he or she is oyaw- of OL /I/Al 11,#A 40 /164 , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Author' d Signature/Title e/TTitle Subscribed and sworn to (or affirmed) before me on this /c�& day of 2008 by 1LWA onally known to me or proved to me on the basis of satisfactory evidence to be the person(s) vMo appeared before me. c"pisTmE GLNAS I 90M # 1623346. X Notary u lic Ifs [SEAL] 11 My Commission Expires: . i�� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 DESIGNATION OF SURETIES Bidders name AIVIV, 1 Y.�F.0 D,CZi la`- 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): /S/ ,fir&--, ?Vcf.A ; ZO2-C &/ fj SY6 - 5-10 0 ib gore j4 yy- �/a -5vo 12 3 r 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 61 -111- f VA //VC- Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. iW Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts / m 4 Total dollar Amount of 2 -,111 (, y`J? (/ 33 34141'0 230 9'G Contracts (in Thousands of $ No. of fatalities p 0 0 67 49 p 0 No. of lost O O O O / Workday Cases No. of lost workday cases involving p p p D O permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. iW Legal Business Name of Bidder QW"X , ) Ke• Business Address: 4 yt .0 C%olr2tj6t, J Z, Gr, r.a C/(j /azy Business Tel. No.: State Contractor's License No. and Classification: Title The above information was compiled froK the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the 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. 14 L CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 ACKNOWLEDGEMENT OF ADDENDA Bidders name L%l�� ,r (rA kh ez: zmG- The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received S' Lure 15 Feb 14 2008 8:27AM HP LASER.IET FAX 909 -574 -0556 • • I 1of1 Pags� CITY dF NEy11PORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.1 2007 -2008 SIDEWALK, PROGRAM TIER CONTRACT NO 3974 DATE: 2 -lr- O BY: TO: ALL PLANHOLDERS P.1 The following changes, additions, deletions, or clarifications shall 150 made to the Contract Documents —all other conditions shall remain the same. FEDERAL MINIMUM WAGE RATES i 1. Delete Federal Wage Decision; CA20070035, dated 12107/2107, CA35. 2. Insert current Federal Wage Decision; CA080035, dated 02/(P8/2008, CA35. Bidders must sign this Addendum No. I and attach It to the blc proposal. No bid will be considered unless this signed Addendum No. 1 is attac ed. I have carefully examined this Addendum and have Included full payment in my Proposal. Name (Please 02-1 ra ) 0 b Date Author ignature & Title r�"seistvDwlshemdkanbadsUy 07-08107 -08 sidewalk, cw6 6 garret replacemaM x3974 tndum iw 1.tbc r • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 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: (XI �t VAL - ) A( C• Business Address: -6&(� N . N� a-wok q t-'?-2°{ Telephone and Fax Number. �+i� �(f� �63� F�6�5 -7/S -7Ga-3 California State Contractor's License No. and Class: 3g4SSg -- 44 (REQUIRED AT TIME OF AWARD) Original Date Issued: 090 Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: 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 Corporation organized under the laws of the State of Cwt t / Pe R' N 1 s*- IIC The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Oom� For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; t�0t�jc Briefly summarize the parties' claims and defenses; W ME Have you ever had a contract terminated by the owner /agency? If so, explain. N 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 labor ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / Are any claims or actions unresolved or outstanding? Yes 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. O L 14 Acs VA-U Jtv�&_ t ntc- Bidder (Print name of Owner or President ofCorporat,onlC yj uthorized Signature/Title Title 'It3 Lo Datd Subscribed and sworn to (or affirmed) before me on this 6� day of t CAJ .2008 by 4 \ Q� , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. F00 •= Wr [SEAL] =% IN Notary li My Commission Expires: dDa /a'%D 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 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. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 THIS AGREEMENT, entered into thisjday of fib., 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Olivas Valdez, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2007 -2008 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM The work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, cross gutter, driveway approaches, access ramps, medians, root removallpruning, constructing new PCC sidewalk, curb and gutter, cross gutter, driveway approaches, access ramps, medians, installing new tree root barriers per City standards, obtaining a Caltrans Encroachment Double Permit, and other incidental items of work. 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. 3974, 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. Kf 0 0 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 Seven Hundred Thirty -Six Thousand, One Hundred Thirty-Three and 501100 Dollars ($736,133.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen Luy (949) 644 -3330 CONTRACTOR Olivas Valdez, Inc. 846 N. Charter Drive Covina, CA 91724 (626) 915 -7633 (626) 915 -7683 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 21 0 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 11185) 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. 22 0 • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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 23 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 Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active 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. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: rin CITY CLERK APP VIED AS TO FORM: Gv`.._. C tti� AARON C. HARP Assistant City Attorney PA1 CITY OF NEWPORT A Municipal Corporati 0 OLIVAS VALDEZ, Print Name: s"i� 'i r co e�V va+ s By: ncial Officer) Title: 7;4a.r_.c:r-4r Print Name:: v;Zzee California Business Search • Page 1 of 1 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. hftp: // kepler. ss. ca. gov/ corpdata/ ShowAliList ?QueryCorpNumber- C2219421 &pri... 02/14/2008 Corporation OLIVAS VALDEZ INC. Number: C2219421 Date Filed: 1113/2000 Status: active Jurisdiction: California Address PO BOX 4576 COVINA, CA 91723 Agent for Service of Process FRANCISCO OLIVAS 846 N CHARTER DR COVINA, CA 91724 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. hftp: // kepler. ss. ca. gov/ corpdata/ ShowAliList ?QueryCorpNumber- C2219421 &pri... 02/14/2008 Check A License: Contracto ' License Detail Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility earct , 4 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 This license filed Contractor's Bond number 661118924 in the am of $12,500 with the bonding company LINCOLN GENERAL INSURANCE COMPANY. Effective Date: 01101/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) FRANCISCO BELTRAN OLIVAS certified that he /she owns 10 percent or n of the voting stock/equity of the corporation. A bond of qualify individual is not required. Effective Date: 09/18/2000 http: / /www2. csl b. ca. gov /G enera I -1 nformation /interactive- tools /check -a- license /Li... 02/14/2008 • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Literary 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 7071.17, 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 tt Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 784558 Extract Date: 0211412( • Check Application Status Business OLIVAS VALDEZ INC • Search for a Surety Bond Information: P O BOX 4079 Insurance Company RANCHO CUCAMONGA, CA 91729 • Search for a Workers' Business Phone Number: (626) 915 -7633 Compensation Company Entity: Corporation How to Participate Issue Date: 09/18/2000 Expire Date: 09/30/2008 License Status: This license is current and active. All information below should b, reviewed. Classifications: CLASS DESCRIPTION " A GENERAL ENGINEERING CONTRACTOR Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 661118924 in the am of $12,500 with the bonding company LINCOLN GENERAL INSURANCE COMPANY. Effective Date: 01101/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) FRANCISCO BELTRAN OLIVAS certified that he /she owns 10 percent or n of the voting stock/equity of the corporation. A bond of qualify individual is not required. Effective Date: 09/18/2000 http: / /www2. csl b. ca. gov /G enera I -1 nformation /interactive- tools /check -a- license /Li... 02/14/2008 Check A License: Contracto ' License Detail Page 2 of 2 Workers' This license has workers compensation insurance with the Compensation: STATE COMP..ENSATION INSURANCE FUND Policy Number: 7653058 Effective Date: 08/01/2006 Expire Date: 08/0112008 Workers' Compensation History 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 © 2007 State of California http: / /www2. csib. ca. gov /General - Information /interactive- tools /check -a -I icense /Li... 02/14/2008 0 AGOW CERTIFICATE OF LIABILITY INSURANCE 219/"°�'" OM08" PRODUCER (805) 644 -4740 FAX: (805) 644 -4780 Allison Commercial Insurance Ag�cY DBA Coast General Ins. Brokers 2021 Sperry Ave, Suite 31 Ventura CA 93003 TH13 CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON HOLDER THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE OF INFORMATION THE CERTIFICATE D(TEND OR POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL A INSURED Olives Valdez, Inc. P 0 BOX 4079 Rancho Cucamonga CA 91729 INBuRERA:Landmark American Ina. 33138 INSURER 0: Financial. Indemnity 19852 INSURERQStata Compensation Ins. INS R R Basal Ina. CO. MSU REReRBN Indemnity CO. 22314 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. kTEUMFTSSHOWNMAY AVE BrF 4 REDUCED BY PAN) CLAIMS, N18R Im ADIVL mom TYPE OF INSURANCE POLICY NUMBER MTE MMN�E DAVE %� I LINTS A X GENERAL LIABILITY X COMMERCEALGENERALUABIUTY CLAMS MADE ❑X OcwR LBA131963 8/2/2007 8/2/2008 EACH OCCURRENCE 1,000,00 RETMEO $ 50,000 , 5,ODO PERSONAL 0 11000,000 DBDOCZERUE 2,000,000 OWL AGGRECIATE LIMIT APPLIES PER: X POLICY M M M LOC 2 DDD ODD $2,500 B X AUTOMOBILE LIABILITY ANYAUTO ALLCxHEDAUTO5 8CN @ULED AUT05 NIREDAUTOS NDILDYAREDAUTOS C7506594 -06 3/14/2007 3/14/2008 COMBINED SINGLELIM!" (Ee MAAIwe) , 1,000,000 BOOay MUURy (PM Pff" 1 X X BOOAYINURY �eOLMP� 0 X PROPERTY DAMAGE (PM eedi M 0 GARAGE LIABILITY ANYAUTO AUTO ON. - I OTHER THAN AUTOONLy: E RCESBNMBRELLALIABIUTY X OCCUR DCLAMS MADE DEDUCTIBLE X UNBRe *" I8 Ov1R Tea PPMMRY MVERAL LIABILITY AND ATTTO LIABILITY NBA219601 08/17/2007 06/02/2008 EACHOOCURRENCE 4 10,000,000 10,000,000 0 L C VYORNM C MPENSArGN AND EMPLOYERS LYIMLITY ANY PROPRETTORFARTNEPoE%ECUMA OFmcERMaeei EXCLUDED? WYAA loafs u,qM SPECIAL 7653058 -07 8/1/2007 8/1/2008 X A E.L. EACH ACCIDENT 1 000 000 E,L DISEASE - EA 11000,000 R 0 1,000,000 D OTHER Prof Liability V13=S=07MM 10/26/2007 10/26/2008 AGWZGAT1 $1, 000, 000 ZACK CL $1,000,000 O%DU =Trau $2,500 DESCRIPTIGNOFGPaNTKNMWCATONSNIMM LE81FJlCLIBMSADDED8YENDORSEOWT '19PEOIALPROVMN 5 30 -DAY MOTICB LOR NOM - PAYMENT OF YFXMIVM. 91: 2007 -2008 Sidewalk, Curb 6 Gutter Replacinout Program CONTRACT RD. 3974 City of Newport Beach, its offiears, agents, officials, aeployess and voluntoora are Denied Me additional insureds as respects: liability arising out of activities performed by or on behalf of Olives Valdes, Inc., including the inaureda general supervision of Contractor; products and completed operations of contractor; premises owned, occupied or used City of Newport Beach Public Works Department Attn: Stephan Luy 3300 Newport Boulevard Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Da CANCELLED DEFORS THE EXPIRATION DATE THEREOF. THIS MINIONS INSURER VAL MWMM MAm 30 DAYS MRa m NOTCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. " Valdivia /ANGELI )'G IN8026 (D1Mom MCI 1012 I 0 IMPORTANT • If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must be endorsed. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25 (2a5Vea) INSe25(Droepw Pw20(2 • • COMMENTSIREMARKS by Contractor; or automobiles owned, leased, hired or coverage is primary insurance. Waiver of Subrogation on attached State Fund Certificate. borrowed by Contractor. This for Workers Compensation is included I OFREMARK COPYRIGHT 2000, AMS SERVICES IXC. ' 0 , OLIVAS VALDEZ, INC. POL# LHA131963 This Endorsement Changes The Pofky. Plum Read It Carefully. ADDITIONAL INSURED BLANKET - PRIMARY AND YOUR WORK This endorsement modlfles Insurance pmvWad under the bbwkp: COMMERCIAL OENEM LWBB." COVERAGE FORM SCHEDULE }Imrre of person or Ore on: y parson or orgenlzadon to wfwm or to which you are obipawa ay w a written contract or by the lasuence or redolence of a written permit, to de inauranra such as Is afknf®d by this policy. A. BECTION B a WHO IS AN PMREO Is amended to Include es an additional insured the persons) or cMantrstion(s) ahem In the SCHEDULE, but only with respect to liabihy for abodly kqW, 'property damorW or apersonal and adwAldng iqW caused. In whole or In pert, by. 1. Your acts cr omUsio S: or 2 The acts or omissions of those aWM on your behok. in the pert acne of your ongoing operations or your wort' for the a ld1donal Insured(e) deaipnated above. L If you ere roWM by a written cortbad to provWe primary Insurance, this policy shall be pdMary Wd SSOMM IV — COIMMERUU OMERAL UokolUTY CONDITIONS, 4.Othar Insurance doss not apply, but only with rsspectto covenas prov00ed by this polloy. Tfda endomerm nt effoc9ve 00102W fonnapertcfPoOcyNumber I.KA131M leaved to OUVAS VALDEZ, INC. by Landmark Amazlow kreraanm Company Endorsement N0.: of insurance Services Office, Inc. ra permission DESIGNATED INSURED ENDORSEMENT This endoMKW forms a part of Policy No. C7588594 -06 Inuedm OLIVAS VALDEZ INC by the (Name of Insurance Company) Financial Indemnity Oompany at its Agency located (city and site) Van Nuys, California and Is effective from 3114/2007 (1201 a.m. Standard Time). Name of Persons) or Organization(s): Each an I oage' but only to the extent that person or ILb he p vqua as an WR u n" of the cy tos�tl�� endoB It �S ottler tlieff a8 SIatedmab0i!@ 4s of 11a11111ty, canddons or This endorsement must be attached to the revision Declamations when Issued after the policy is written. CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 INSURANCE F U N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -10 -2005 GROUP: POLICY NUMBER: 7653056 -2007 CERTIFICATE ID: 18 CERTIFICATE EXPIRES: 08 -01 -2008 08 -01- 2007/08 -01 -2008 CITY OF NEWPORT BEACH SC JOB:07 -08 SIDEWALK, CURB 8 GUTTER REPLACEMEN PtBiLIC WORKS DEPARTMENT CONTRACT NO. 3874 3300 NEWPORT BLVD - NEWPORT BEACH CA 82883 -3818 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiraUm This certificate of Insurance is not an insurance policy and does not amend extend or alter the coverage afforded by the Policy listed herein. Notwithstanding any requiremerrr. term or condition of any contract or other document With respect to which this certificate of insurance may be issued or to which it may pertain, the Insurance afforded by the policy described herein la'subject to all the terms, exclusions, and conditiom of such policy. ORIZED REPRESENTATI PRESIDENT THIS CERTIFICATE IS PART OF AN AOR FAMILY THAT ALSO INCLUDES THE FOLLOWING POLICIES: 8053058 -07, 8885004 -07 EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 41,000,000 PER OCCURRENCE. ENDORSEMENT #0018 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2008 -02 -19 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT #1800 - ROBERT VALDEZ PRES,TRES - EXCLUDED. — ENDORSEMENT #1800 - FRANCISCO P OLIVAS VP,SEC - EXCLUDED. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -01 -2007 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008 -02 -19 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER OLIVAS- VALDEZ INC. SC PO BOX 4079 RANCHO C.ICA6DtKiA CA 91729 1B17,SL1 EV.2.06t PRINTED : 02 -10 -2008 STATE INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 1201 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME W ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION 7653058 -07 RENEWAL SC 5- 35 -03 -72 PAGE 1 OF 1 EFFECTIVE FEBRUARY 19, 2008 AT 12.01 A.M. AND EXPIRING AUGUST 1, 2008 AT 12.01 A.N. OLIVAS- VALDEZ INC. PO BOX 4079 RANCHO CUCAMONGA, CA 91729 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NEWPORT BEACH WHICH NIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, OLIVAS-VALDEZ INC. IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. AND ISSUED AT SAN FRANCISCO FEBRUARY 21, 20000�8i_�'''''�' 2570 L! a::IUZeO REPRESENTATIV PRESIDENT ENDORSEMENT AGREENENT STATE WAIVER OF SUBROGATION COMPENSATION 7653058 -07 INSURANCE RENEWAL FUND SC HOME OFFICE 5- 35 -03 -72 SAN FRANCISCO PAGE 1 OF I ALL EFFECTIVE DATES ARE AT 1201 AM PACIFIC EFFECTIVE FEBRUARY l9, 2008 AT 12.01 A.N. STANDARD TIME THE AND EXPIRING AUGUST 1 2008 AT 12.01 A.M. TIME INDICATED AT T r PACIFIC STANDARD TIME OLIVAS- VALDEE INC. PO BOX 4079 RANCHO CUCAMONGA, CA 91729 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NEWPORT BEACH WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, OLIVAS- VALDEZ INC. IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: FEBRUARY 21, 2008 �y)J"'.'''�'/ 2570 a::IZVr:O REPRESENTATIV PRESIDENT 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: March 17, 2008 Dept. /Contact Received From: Date Completed: March 18, 2008 Sent to: Andrea Riles Company /Person required to have certificate: 1. GENERAL LIABILITY Olives A. INSURANCE COMPANY: Landmark American Ins B. AM BEST RATING (A: VII or greater): A:XII C. ADMITTED Company (Must be California Admitted) Andrea Riles By: Tara Hemmingsen ✓aldez.Inc. 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 ® Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The ® Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named ❑ Yes ® No insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Financial Indemni B. AM BEST RATING (A: VII or greater) A:XIII C. ADMITTED COMPANY (Must be California Admitted) Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): $1 Mil What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ® Yes ❑ No officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? ❑ Yes ® No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): Not Rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ►/ ■ 4 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 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. 3974 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 @ L�W Dollars and Cents $� Per Curfip Sum 2. Lump Sum Traffic Control @ C li 1 111gA Dollars and Cents $ Per Lum um 1 25 Ea. Replace Existing Electrical Pull Box and Cover =sp t3 @ I Dollars and �y A �,� Cents $ �� 96.0 $ �� u Per Each �T 1 PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE El 5. 146 7 31,861 S.F 5,058 L.F 4,384 S.F. 1,753 S.F. Remove and Reconstruct Minimum 4 -Inch Thick PCC Sidewalk @ Dollars and Cents $ (p, 6-D Per Sq re Foot Remove and Reconstruct Type "A" PCC Curb and Gutter @ — !—R Dollars and $ $ ) b Per 064ar Foot Remove and Reconstruct PCC Cross Gutter /Spandrel @ Dollars and Cents` Per Squ re Foot Remove and Reconstruct PCC Driveway Approach @ ��M� Dollars and A Cents Per Squa0b Foot 334 Ea. Prune Tree Root and Install Root arrier� , e @ R Dollars and Cents Per Each $ lb $ o� $ is A $ 396-_ $ 1 D r R . • ' PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 12 Ea. Remove ti I and (� Install Cur Access Ramp @ t��(- (W,J�o Dollars and Cents $01 A $ Per EacR 10. 4,905 S.F. Remove and Reconstruct Stamped Integrally Colored Median Concrete @ Dollars and _C"A Cents $ $ D, Per Square oot 11. 25 S.F. Remove and Reconstruct Minimum 4 -Inch Thick Median Concrete @ Dollars I �t and Cents $ �'� $ lldt b.@ Per Squ re Foot 12. 3 Ea. Adjust Manhole Cover and Frame to grade @ IN W Dollars and /�,I 41st Cents $ f / D D $ al, 7 Per 13. Lump Sum Surveying Services @Lq�-?i►.. JhJUdialDollars and I' Cents $ Q� Per Lum Sum 14. Lump Sum Caltrans Permit @ Dollars and Cents $ 31 ( / o Per LiAp Sum 0 PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. Lump Sum As Built Drawings @ Dollars A �� /� Cents $ � and �� -C V� /1 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS t { v 'J W 1 Ff kjb*ldta1, /� b l�cs 4ittti(Qy,� and Cents $ —4_rl_ (01 �C7 11n Total Price (Figures) 2 °g OLIJ71S YA-f0V3- iJ` Date 7 Bidder 6.7s--Cirs X33 4.PU- f.S -qc83 Bidder's Telephone and Fax Numbers qv4 ea, Bidder's License No(s) and Classification(s) and Title '194 Pczjov Bidder's Address dam, Na c_�%. 9 (? Z d Bidder's email address: f=j�r_+sxs le, c-ry f:\users\pbw\shared\contractsVy 07 -08107 -08 sidewalk, curb & gutter replacement c- 3974 \proposal.doc 0 0 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 COMMENCEMENT OF THE WORK 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2007 -2008 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 3974 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5-2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 COMMENCEMENT OF THE WORK 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDWAS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 11 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORCEMENT FOR CONCRETE 12 201 -2.2.1 Reinforcing Steel 12 0 0 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.3.1 General 12 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 13 302 -5 ASPHALT CONCRETE PAVEMENT 13 302 -51 General 13 302 -5.4 Tack Coat 13 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 13 302 -6.6 Curing 13 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 13 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 13 303 -5.1.1 General 13 303 -5.5 Finishing 14 303 -5.5.1 General 14 303 -5.5.2 Curb 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 15 308 -1 GENERAL 15 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT 16 CONCRTET, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 16 400 -2.1 General 16 400 -2.1.1 Requirements 16 ATTACHMENTS SIDEWALK WORK SCHEDULE MEDIAN CONCRETE REPLACEMENT SCHEDULE 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2007 -2008 SIDEWALK. CURB 8< GUTTER REPLACEMENT PRO%0 . lvl CONTRACT NO. 3974 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5924 -S); (3) the Work Schedule, (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard!, Specifications for Public Works Construction as referenced and stated'I hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, cross gutter, driveway approaches, access ramps, medians, root removal /pruning, constructing new PCC sidewalk, curb and gutter, cross gutter, driveway approaches, access ramps, medians, installing new tree root barriers per City standards, obtaining a Caltrans Encroachment Double Permit, and other incidental items of work." 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 was Coast Surveying and can be contacted at (714) 918- 6266. 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- • • SP2OF16 hours in advance of any work. In addition, the filing of ,a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 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. • SP3OF16 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 3rd paragraph: "within 5 working days of the 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, AT &T 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. E • SP 4 OF 16 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 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 75 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 1gt t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31 st (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. • • SP5OF16 Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.90 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 -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." • • SP6OF16 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." 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 httl)://www.city.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. Contractor shall also comply with the Clean Air and Water Act summarized is Section S -1 of the Specifications. 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 • • SP7OF16 Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s). 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. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. 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 0 • SP8OF16 arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. Type II barricades shall be located at the beginning and end of each individual closed sidewalk area from time of removal until placement of backfill and final cure of the sidewalk. 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 and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall • • SP9OF16 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 "A" or "C -8" 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 and construction schedule, and all other related work as required by the Contract Documents. • • SP 10 OF 16 Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons, changeable message board. 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 Replace Existing Electrical Pull Box and Cover: Work under this item shall include the cost to remove and dispose of the existing and install new traffic grade pull box, conduit if necessary and cover; reconnect existing street light wirings within the pull box, and complete all other items as required per the applicable City of Newport Beach Standard Plans. Item No. 4 Remove and Reconstruct minimum 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the minimum 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 5 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per City Standard STD - 182 -L, AC patch back, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be matched to existing. Item No. 6 Remove and Construct P.C.C. Cross Gutter /Spandrel: Work under this item shall include removing and disposing of the existing cross gutter /spandrel, compacting subgrade, and constructing cross gutter /spandrel per City Standard STD - 185-L, AC patch back, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 7 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach, AC patch back, and all other work items as required to complete the work in place. Item No. 8 Prune Tree Root and Install Root Barrier: Work under this item shall include root pruning and disposal, providing and installing root barriers per Section 308- 1, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. • • SP 11 OF 16 Item No. 9 Remove and Install PCC Curb Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. Curb Access Ramp, per plan, including detectable warning surfaces, AC patch back, and all other work items as required to complete the work in place. Item No. 10 Remove and Reconstruct Stamped Integrally Colored Median Concrete: Work under this item shall include removing and disposing of the existing stamped colored median concrete, subgrade compaction, constructing 4 -inch thick stamped integrally colored median concrete to match existing median concrete in color and pattern, and all other work items as required to complete the work in place. Item No. 11 Remove and Reconstruct a minimum 4 -Inch Thick Median Concrete: Work under this item shall include removing and disposing of the existing median concrete, subgrade compaction, constructing a minimum 4 -inch thick median concrete, and all other work items as required to complete the work in place. Item No. 12 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. 13 Surveying Services: Work under this item shall include providing any and all surveying required to complete the work in place, including restoration of survey monuments and filing the corner records /record of survey with the County of Orange. Item No. 14 Obtain Double Permit for Caltrans Permit to work within the Caltran's right -of -way as required to complete the work in place. City has applied for and will obtain the original Caltrans Permit. Item No. 15 The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560 -C -3250. Color for stamped integrally colored concrete shall be Terra Cotta. Contractor shall submit a color pallet and stamp pattern for stamped integrally colored concrete to the City for the Engineer's approval 10 days in advance of the placement of any stamped integrally colored concrete." 0 201 -2 REINFORCEMENT FOR CONCRETE • SP 12 OF 16 201 -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." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city.newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is100 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, Medians, 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 0 • SP 13 OF 16 for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: `The asphalt concrete (A.C.) used for asphalt patch back shall be III -C3 -AR -4000. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The asphalt patch back shall be compacted to 95% minimum. 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, MEDIANS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi. 0 SP 14 OF 16 1. Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. The approaches must be available for use over weekends and Holidays. 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless a signed agreement with the property owner can be obtained. 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. 4. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 5. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 6. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 7. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours of reconstructed work. 8. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use. 9. All excavated areas shall be allowed to remain open no longer than 24 hours prior to the placement of concrete." 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 in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 0 • SP 15 OF 16 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Prior to removal of the damaged concrete, no root pruning will be allowed after the new concrete has been installed. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. 0 SP 16 OF 16 e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barrier Specifications: a. Install root barrier panels with the length of each root pruning cut at a minimal of 14" below grade for sidewalks and 26" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors (e.g., Century Root Barrier Panels, CP- Series, CP12 -2). c. The product shall be installed per manufacturer's specifications." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base, or better, as the base materials." F: \Usem\PBW13hared \Contracts \FY 07 -08107 -08 Sidewalk, Curb 8 Gutte Replacement C- 39741SPECS C- 3974.doe 9 WORK SCHEDULE - AREA 88 0 NO. LOCATION STREET NAME& NO. SIDEWALK 99�FT. C & G j7 E ACCESS RAMP ROOT PRUNING DRIVEWAY Cross Gutter SF APPROACH SF 2420 Universit Drive -90 2 Between 2420 - 2530 University Drive 168 2 2530 University Drive 104 2 2532 University Drive 30 On Irvine Ave - 2514 - 2528 University Driv 480 4 Santa Isabel Ave. - in front of the Church 21 1 Santa Isabel Ave. @ Tustin Ave. 400 4 190 End of Tustin Ave. next to Church 280 1 On Irvine Ave. - next to the Church 175 2338 -2332 Tustin Ave. 136 2393 Tustin Ave. 40 2399 Tustin Ave. 304 1 Tustin Ave. Santa Isabel Ave. 320 2347 - 2341 Irvine Ave. 240 23rd St. west of Irvine Ave. 96 23rd St. @ Lake Park Ln. 45 1 2302 Fairhill Dr. & on 23rd St. 368 4 150 2308 Fairhill Dr. 72 1 2310 Fairhill Dr.. 210 4 2314 Fairhill Dr. 260 37 1 130 2315 Fairhill Dr. 24 1 2315 - 2313 Fairhill Dr. 44 50 2311 Fairhill Dr. 68 2309 Fairhill Dr. 68 1 2307 Fairhill Dr. 136 2 2305 Fairhill Dr. 44 2303 Fairhill Dr. 20 1 2304 Redland Dr. 180 2306 Redland Dr. 32 2308 Redland Dr. 32 2310 - 2312 Redland Dr. 80 1 2314 Redland Dr. 132 26 1 2318 Dawnview Ln . Redland Dr. 8 Redland Dr. @ Dawnview Ln. 350 3 2311 Redland Dr, 160 1 2309 Redland Dr. 18 2307 Redland Dr. 120 14 1 2305 -2303 Redland Dr. 368 3 2301 Redland Dr. 24 63 1 2356 Redland Dr. 32 75 1 2398 Redland Dr. 160 342 Peach Tree Ln. on Redlands 88 1 336 Peach Tree Ln. 150 1 105 339 - 341 Peach Tree Ln. 72 1 340 Cherry Tree Ln. 95 2 338 Cherry Tree Ln. 128 1 337 Cherry Tree Ln. 176 1 345 Cherry Tree Ln. 60 1 2301 Redlands Dr. on 23rd. St. 20 1 40 2320 La Linda 96 1 Page 1 0 WORK SCHEDULE - AREA 8B 0 NO. LOCATION STREET NAME& NO. SIDEWALK SQ.F r C &G LF. CA CESS RAMP ROOT EBUBHJr. DRIVEWAY Cross Gutter APPROACH SF 2324 - 2328 La Linda 192 2 2333 La Linda 76 45 1 2325 La Linda 52 2321 La Linda 96 1 2317 La Linda 40 on 23rd St. Q 2297 Redlands Dr. 108 1 2297 Redlands Dr. 84 1 2290 - 2298 Redlands Dr. 104 1 2521 Via Marina on Tustin Ave. 34 1 2555 Vista Ba a 56 2540 Vista Ba a 60 2012 Tustin Ave. 20 Tustin Ave. @ Santiago Dr. 112 1 Irvine Ave. - 23rd. St. to Indian Springs Rd. 160 1 2 120 1 1 Irvine Ave. - Indian Springs Rd. to Private Rd 130 1 2 125 1 3 32 Irvine Ave. @ Private Rd. 44 2202 Private Rd. 104 2210 Private Rd. 88 2218 Private Rd. 38 1 240 2309 Private Rd. 80 47 2202 Private Rd. 80 2300 Santiago Dr. & on Centella PI. 168 90 2 240 2008 Centella PI. 56 1 2018 Centella PI. 132 71 2024 Centella PI. 25 2025 Centella PI. 64 1 2009 Centella PI. 56 2008 Centella Pl. parkway raised 320 2 2204 Donnie Rd. 42 1 2212 -2216 Donnie Rd. 88 67 2220 - 2222 Donnie Rd. 20 2230 Donnie Rd. 75 3 2242 Donnie Rd. 28 2237 Donnie Rd. 164 3 2231 Donnie Rd. 228 110 2227 Donnie Rd. 212 354 22nd. St. on Donnie Rd. 52 2 2200 Windward Ln, 520 1 2 2220 Windward Ln. 120 1 2212 Windward Ln. 84 1 2215 Windward Ln. 124 10 1 70 2224 Windward Ln. 27 1 2301 Windward Ln. 48 1 2315 -2401 Windward Ln. 1 88 1 45 2 2312 Windward Ln. 1 1 41 1 Page 2 • WORK SCHEDULE - AREA 8B 11 NO. LOCATION STREET NAME& NO. SIDEWALK RD FT C & G LF. ACCESS RAMP ROOT PRUNING• DRIVEWAY Cross Gutter APPROACH SF 2412 Windward Ln. 96 1 2418 Windward Ln. 40 2424 Windward Ln. 184 2 2425 - 2431 Windward Ln. 80 2 2436 - 2442 Windward Ln. 44 1 188 2443 Windward Ln. 84 1 2448 Windward Ln. 1 2449 Windward Ln. 1 1908 Tustin Ave. 220 1 2201 Windward Ln 40 1 2201 Windward Ln on Irvine Ave. 215 1 2200 Francisco Dr. 160 1 2206 Francisco Dr. 16 2207 - 2215 Francisco Dr. 272 2 2212 Francisco Dr. 80 2 100 2306 Francisco Dr. 34 2312 Francisco Dr. on Bayport Way 32 16 1856 Bayport Way 70 1 Francisco Dr. @Bayport Way 560 2321 Francisco Dr. 84 2415 Francisco Dr. 200 2 2421 Francisco Dr. 48 2089 Tustin Ave. 33 2090 Tustin Ave. 33 2424 Holiday Rd. 120 1 2418 Holiday Rd. 80 1 1743 -1748 Bonaire Way 164 1 1742 - 1748 Bonaire Way on Holiday Rd. 112 165 1 2 2318 Holiday Rd. 80 1 1759 Centella PI. on Holiday Rd. 64 1 1 50 1742 Centella PI. 60 1750 Centella Pl. 32 1 1758 Centella Pl. 16 1 1 Holiday Rd. 0 Paloma Dr. 560 1706 Paloma Dr. 68 1 Page 3 9 WORK SCHEDULE - AREA 8C 0 NO. LOCATION STREET NAME& NO. SIDEWALK SQ.FT. CC &G LF. CA CESS MME ROOT PRUNING DRIVEWAY I Cross Gutter SF APPROACH SFJ 2112 Dover Dr. on Irvine Ave. 60 30 1412 - 1418 Irvine Ave. 48 40 1500 Irvine Ave. 144 32 1518 Irvine Ave. 55 1700 Irvine Ave. 80 1 1800 - 1806 Irvine Ave. 120 1 1818 Irvine Ave. 18 1818 Irvine Ave. on Francisco Dr. 40 1 1821 Tradewinds Ln. on Francisco Dr. 20 1 1831 Tradewinds Ln. on Francisco Dr. 70 2 1830 Irvine Ave. 124 2 1848 Irvine Ave. 46 1 2131 Santiago Dr. on Irvine Ave. 120 1 2131 Santiago Dr. 40 40 2036 Santiago Dr. on Constellation 240 40 2 1958 Galaxy Dr. 40 1950 Galaxy Dr. 200 50 1 100 1912 -1906 Galaxy Dr. 30 1 1848 Galaxy Dr. 48 30 1 1730 Galaxy Dr. 60 1 1712 - 1706 Galaxy Dr. 48 55 60 1650 Galaxy Dr. 30 1 1624 Antigua Way 160 75 1 1630 Antigua Way 120 1 1629 Antigua Way 120 15 1 50 1715 Antigua Way 80 2 50 1730 Antigua Way 380 3 1800 Antigua Circle 264 25 2 1806 Antigua Circle 200 45 1 175 1801 Antigua Circle 40 1 1214 Mariners Dr. on Santiago Dr. 30 1527 Santiago Dr. 52 2 1528 Santiago Dr. 80 72 1534 Santiago Dr. 80 40 1534 - 1542 Santiago Dr. 200 64 1 1539 Santiago Dr. 320 50 3 1600 Santiago Dr. 60 1 1601 Santiago Dr. 210 1606 Santiago Dr. 40 1621 Santiago Dr. 48 1627 Santiago Dr. 124 1801 Antigua Circle on Santiago Dr. 100 2 Santiago Dr. @ Antigua Circle 600 1736 Antigua Way on Santiago Dr. 30 1 1800 Antigua Cir on Santiago Dr. 260 2 1801 Sandalwood Ln. on Santiago Dr. 120 2 Page 4 0 WORK SCHEDULE - AREA 8C 0 NO. LOCATION STREET NAMES NO. SIDEWALK SQ.FT. C & G LF. ACCESS RAMP ROOT PRUNING DRIVEWAY Cross GWer APPR9ACH SF 1710 - 1716 Santiago Dr. 144 50 50 1800 Sandalwood Ln on Santiago Dr. 200 1 1801 Holida Rd. on Santiago Dr. 45 2 1812 Santiago Dr. 40 1 1921 - 1927 Santiago Dr. 248 2 1936 Santiago Dr. 48 1 1939 Santiago Dr. 108 40 2000 Santiago Dr. 60 1924 Tradewinds on Leeward Ln. 112 1 2121 Leeward Ln. 208 40 1 2124 Leeward Ln. 32 2118 Leeward Ln. 160 20 2 2112 Leeward Ln. 64 2 2115 Leeward Ln. 30 1 2107 Leeward Ln. 28 1 2106 Leeward Ln. 100 2 2100 Leeward Ln. 26 1 2101 Leeward Ln. 60 33 1 2021 Leeward Ln. 45 1 2018 -2012 Leeward Ln. 240 2 2001 Leeward Ln. 424 30 4 2000 Leeward Ln. 64 1 1936 Leeward Ln., 23 1 1927 Leeward Ln. 96 30 1918 Leeward Ln. 152 1 75 1906 Leeward Ln. 80 1 1900 Leeward Ln. 80 1 1840 Leeward Ln. 132 1 1827 Leeward Ln. 45 1 1901 Windward Ln on Leeward Ln. 188 2 1806 Leeward Ln. 41 1 1800 Leeward Ln. 80 1 1821 Leeward Ln. on Windward Ln. 65 1 1907 Windward Ln. 80 26 100 1908 Windward Ln. 34 1 1935 Windward Ln. 42 2 1952 Windward Ln. 48 1 2006 - 2012 Windward Ln. 50 2100 Windward Ln. 100 1 2118 Windward Ln. 255 1 2124 Windward Ln. on Tradewinds Ln. 20 1933 Tradewinds Ln. 80 1 1915 Tradewinds Ln. 32 1800 Tradewinds Ln. 48 1 1617 Tradewinds Ln, 192 2 Page 5 0 WORK SCHEDULE - AREA 8C 0 O. LOCATION I STREET NAME& NO. SIDEWALK SQ.FT. C & G I LF. ACCESS RAMP ROOT PRUNING DRIVEWAY Cross Gufter APPROACH SF 2100 Ba crest 100 1 2107 Ba crest 120 2 1718 Tradewinds Ln. 168 1724 Tradewinds Ln. 24 1730 Tradewinds Ln. 80 1 1746 Tradewinds Ln. on Holiday Rd. 132 2 2027 Holiday Rd. 96 2015 Holiday Rd. 46 1 1800 Leeward Ln. on Holiday Rd. 132 1 1906 Holiday Rd. 60 1801 Buttonshell Ln. 104 1 1815 Buttonshell Ln. 140 1 2000 Nautilus Ln. 104 1 2006 Nautilus Ln. 80 2012 Nautilus Ln. 288 1 2024 Nautilus Ln. 35 1 1833 To on Ln. 112 1821 To on Ln. 48 1 1815 To on Ln. 30 1 1614 To on Ln. 280 2 1807 To on Ln. 300 2 1806 To on Ln. 160 1 1743 Skylark Ln. 168 1 1744 Skylark Ln. 176 1 1719 Skylark Ln. 96 1 [Skylark Ln. @ Commodore Rd. 640 2006 Shi way Ln. 400 1 3 1712 Marlin Way 88 1 1712 Marlin Way 268 1 1721 Marlin Way 120 1 1724 Marlin Way 22 1730 Marlin Way 60 1722 Marlin Way 60 2032 Marlin Way 180 1 1723 Terrapin Way 42 1718 Terrapin Way 128 70 2 1701 Martin Way on Shipway Ln. 160 20 1 1 2032 Shipway Ln. 200 30 2 Shipway Ln. @ Terrapin Way 272 2040 Shipway Ln. 440 5 2039 Shipway Ln. 120 100 2027 Shi way Ln. 30 1 Page 6 0 WORK SCHEDULE - AREA 8C NO. LOCATION ' STREET NAME& NO. SIDEWALK SQ.FT.,F C &O ACCESS RAMP ROOT PRUNING DRNEWAY APPROACH SF Cross Gutter 2045 Commodore Rd. 80 1 2033 Commodore Rd. 80 1941 Commodore Rd. 80 1 1901 Commodore Rd. 40 1800 Highland Dr. 256 1 1 1812 Highland Dr. 48 1 1824 Highland Dr. 48 1 1830 Highland Dr. 56 1 1833 Highland Dr. 80 1 1923 Highland Dr. 20 1 Highland Dr. @ Skylark Ln. 400 1924 Skylark Ln. 96 1 2000 Highland Dr. 80 1 2001 Highland Dr. 40 1 2015 Highland Dr. 80 1 2030 Highland Dr. 200 1 2036 Highland Dr. 96 1 2036 Highland Dr. 120 1 1427 Priscilla Ln. 150 3 1401 - 1405 Priscilla Ln. 35 1527 Priscilla Ln. 30 1939 Teresita Ln. 30 1 1507 Kathleen Ln. 45 1 1935 Highland Dr. on Kathleen Ln. 50 1627 Mariners Drive 32 1 1624 Mariners Drive 64 1 1615 Mariners Drive 100 1 1612 Mariners Drive 140 1 1600 Mariners Drive 96 1 1515 Mariners Drive 80 1 1518 Mariners Drive 160 1 1429 Mariners Drive 48 1 1424 Mariners Drive 48 1 1412 Mariners Drive 240 1 1405 Mariners Drive 64 1 1406 Mariners Drive 80 1 1742 Highland Dr on Mariners Drive 80 1 1801 Commodore Rd. on Mariners Drive 80 1 1337 Mariners Drive 48 1331 Mariners Drive 60 1 1326 Mariners Drive 100 1320 Mariners Drive 240 2 100 1309 Mariners Drive 120 1 1511 Santiago Dr. on Mariners Drive 80 1 Pa WORK SCHEDULE - E. PCH NO. LOCATION STREET &M E& NO. SIDEWALK C & G LF. ACCESS RAMP ROOT PRUNING DRIVEWAY Cross Gutter S .FT. APPROACH SF 3141 E. PCH 520 3321 E PCH. 275 3335 E. PCH 100 3501 E. PCH 25 3653 E. PCH 120 3707 E. PCH by arking tot 330 1 3801 E. PCH 100 NB E. PCH @ Cameo Highlands 72 NB E. PCH between Cameo highlands and Morning Canyon 26 4320 E. PCH 75 75 31 1 4234 E. PCH 225 30 1 4220 E. PCH 30 1 4200 E. PCH 40 1 4148 E. PCH 150 4112 E. PCH 100 30 1 NE comer of Seaview & E. PCH 18 3838 E. PCH 25 3810 E. PCH 100 3636 E PCH 36 1 3224 E. PCH 36 2948 E. PCH 36 2848 E. PCH 84 Total 1 31861 1 5058 1 15 1 293 1753 4384 Page 8 SUMMARY OF CONTRACT PROVISIONS (FEDERALLY FUNDED PROJECT) s -1 • Goals for Minority Goals for Female Participation for Participation in Timetables Each Trade Each Trade 11.9% 6.9% These goals are applicable to all the contractors construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non - federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60- 4.3(a), and Its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles -Long Beach, specifically the County of Los Angeles, State of California. 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications: (1) Covered area means the geographical area described in the solicitation from which this contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) Minority includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and 0 0 Federal Equal Employment Opportunity / Affirmative Action Requirements Federal Contract Provision EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but riot be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. G. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractors noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph is through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246) a. The Offerors or Bidders attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terns for the contractors aggregated work force in each trade on all construction work in the covered area, are as follows: E 0 Section 3 Bid Evaluation and Contract Award Criteria Federal Contract Provision 24 CFR Part 135 A Section 3 Responsive bidder is a bidder that submits a Section 3 Business Certification form with the bid, and: 1. Qualifies as a Section 3 Business concern because the business: • Is 51% owned by low- income residents, or • 30% or more of its permanent full -time employees are low- income residents, and • Provides the Section 3 Resident Certification form(s) for each qualified employee. -OR- 2. Makes a written commitment by submitting a Section 3 Economic Opportunity Plan with their bid indicating that the bidder will: • Hire at least 30% aggregate new -hires that are qualified low- income residents, and • Provide the Section 3 Resident Certification form(s) for each Section 3 new -hire, or • Subcontract 25% or more of the bid amount to qualified Section 3 Business Concern(s), and • Ensure that the Business Concern(s) provide Section 3 Resident Certification form(s) for each qualified employee. NOTE: If the contract is awarded based upon the written commitment, the contractor will be responsible to document all efforts made to recruit Section 3 resident new - hires. Additionally, the recipient of a Section 3 contract who commits to the Section 3 goal is required to submit a Section 3 Summary Report by July 1 and/or with their final Certified Payroll Report submission. A Section 3 Non - responsive bidder is a bidder that: ► Fails to provide a Section 3 Business Certification form documenting Section 3 qualifications with a bid response, -OR- ► Fails to provide a Section 3 Business Certification form and an Economic Opportunity Plan with a bid response. First preference for this contract award will be given to a bidder who provides a reasonable bid and Is a qualified Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3 employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan). However, if the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not within the Zone of Consideration), as defined below, the construction contract shall be awarded to the lowest bid from any responsive and responsible bidder. A REASONABLE bid is a bid that is not more then the value of "X• higher than the LOWEST BID. 1. The actual dollar amount of bid received from any responsible bidder, PLUS 2. The "X" FACTOR, which is the lesser of; a. The dollar amount of the required percentage listed on the chart below of the Bid submitted, or b. The actual dollar amount listed on the chart below. 3. Equal the MAXIMUM ACCEPTABLE BID. REASONABLE BID -ZONE OF CONSIDERATION If the Lowest Bid is At Least But Less Than T $100,000 N/A 10% $9,000 $100,000 $200,000 9% $16,000 $200,000 $300,000 8% $21,000 $300,000 $400,000 7% $24,000 $400,000 $500,000 6% $25,000 $500,000 $1,000,000 5% $40,000 $1,000,000 $2,000,000 4% $60,000 $2,000,000 $4,000,000 3% $80,000 $4,000,000 $7,000,000 2% $105,000 $7,000,000 1.5% 9 0 Section 3 Clause Federal Contract Provision 24 CFR Part 135 a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development (HUD) assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract will comply with HUD's regulations as set forth in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The contractor agrees to send to each labor organization or representative of workers which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall; describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the persons) taking applications foe each of the positions, and the anticipated date the work shall begin. d. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR Part 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, where not filled to circumvent the contractor's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work performed in connection with Section 3 covered Indian Housing Assistance, Section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that the greatest extent feasible; (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 0 0 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the 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 or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, 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 subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100.000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act 40 USC 3701 et seg. (3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Pmious edi0on is obsolete Page 4 of 4 toms HU0 4010 (0712003) ref. Handbook 1344.1 0 0 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 determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (11) Trainees. 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 U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall 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 full 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 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the 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. In the event the Employment and Training Administration withdraws approval of a training program, the contractor 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. (fit) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. S. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (f) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (II) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions ", provides in part: 'Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be flned not more than $5,000 or imprisoned not more than two years, or both.' 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers' and `mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. Previous edition Is obsolete Page 3 at 4 form HUD-0010 (07/2003) ref. Handbook 1344.1 • s may, after written notice to the contractor, sponsor, applicant, or owner, 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. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the relics and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215.0140 and 1215- 0017.) (if) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005 - 00014 -1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or 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 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete, (2) That each 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 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Forth WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (t) Apprentices. 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 U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 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 journeymen hourly rate specified in the applicable wage Previous edMon Is obsolete Page 2 or4 form HU04010 (0712003) fef. Hanctowk 1344.1 0 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (t) Minimum Wages. All laborers and mechanics 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 issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular 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 and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). 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. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (H) (a) Any class of laborers or mechanics which is riot listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action U.S. Department of Saing and Urban Development Office of Labor Relations taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1xi!Xb) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (111) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2, Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor 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 so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or 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, HUD or its designee Rnwiws edition is obsolete Page 1 of4 form HU04010 (0712003) ref. Handbook 1344.1 9 0 Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Federally Funded Project Prevailing Wage Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document. This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk's office, and is also available online at http: / /www.dir.Ga.gov /dlsr /. Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Section 3 Statement: This is a HUD Section 3 construction contract. First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3 employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan). Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub - recipients, the conflict of interest provisions in (State LCA - 24 CFR 85.36 and Non - Profit Organizations — 24 CFR 84.4), OMB Circular A -110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. S -z 0 0 (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. C. If the contractor is participating (pursuant to 41 CFR Part 60 -4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Deparhrnent of Labor. 0 E g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractors employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with speck attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. (5) Develop on- the -job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above. (8) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractors EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. 9 0 (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment - related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non - segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor - union, contractor- community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractors, and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 0 0 The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. M. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60 -1.6 (Show Cause Notice). n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). P. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor's or subcontractor's entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60 -4.2. 4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor /subcontractor shall: a. Forward the following EEO certification fors to the contract awarding authority prior to contract award: Certification of Nonsegregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract and the geographical area in which the contract is to be performed. C. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. 0 e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC -257) to the contract awarding authodty by the end of each work month. With the initial monthly report, the contractor /subcontractor shall attach the Contractor's List of Federal and Non - Federal Work in Bid Condition Area to the monthly report. 5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. Contracting With Small Business, Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms 1. It is national policy to award a fair share of contracts to Small Business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized, when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following: a. Including qualified Small Business and Minority Firms on solicitation lists. b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources. C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above. 2. Grantees shall take similar appropriate affirmative action in support of Women's Business Enterprises. 3. Grantees are encouraged to procure goods and services from Labor Surplus Areas. 0 0 Compliance with Clean Air and Water Acts During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: 1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in the performance of any non exempt contract or subcontract,. is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. Non - Collusion Affidavit State of California Compliance Form - To be submitted with Bid §7106. Any public works contract of a public entity shall include an affidavit, in the following form: State of California ) County of LM ss. �t('cl�fl SCu 0 VV 6 being first, duly swon � mg, �deposes and says that, he or she is _\K(A -- fLa� d _ k of 0 \VJ64 V4 � �M- , 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 the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid" Project Name: Zoo 2 -o f si.:e a..fA, G..6 C 46 Project Number: 11 -7 y Company: Q�i'y4'J -Ya /at e =- VP1 �• Address: 8!/ �,�/ C1�e t�.vi e, a G.4 9/7 Z `1 Signature: y Title: Date: t2 3 �/ Z/O SWORN TO AND SUBSCRIBED TO BEFORE ME This 14�&`day of f 20 CHRISTINE OLIMAS OO M.# 1693346 v) ((�� N07l'PU96�k0kF0W" ~ /sl Notary Public: \' Q LOSANOELEScotm Y o Q My Commission Expires: onn Erptat KEPT 12, 2010 U ,_aC4.+F3E -- �-, c� �y � ■� ■ : 0 0 Worker's Compensation Certification State of California Compliance Form — To be submitted with Bid I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: p Z o 00 Project Number: 5 %-7 Project Name:Zow.? oP &,,I-t�_C�,�jr�,r Company Name: l9l' �6t r �%sr at, %-, L�� e- - Address: _r�`1 A/_ li 44L fir- &, Print Name: 7i-A4111 C.'.r " 7 . 99 /,'was Title: Signature: Federal Lobbyist Certification Federal Compliance Form — Name of Finn: ' s A f VA 401 Z y Address: Gay /o 1- a4a„`-6es..- Covi�tG►- State: IC4— Zip Code: %i42 y Telephone Number: (4Q4 77 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract: No Federal appropriated funds have been paid by or on behalf of the above named fine to any person 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 the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 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 or any 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 above named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions, and; 3. The above name firm shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreement) and that all sub - recipients shall certify and disclose accordingly. NOTE: 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 the 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. Authorized Official: (Cone Wr /Subconbiwtor) By: (Si ) — �iee> • C� d Facilities Certification Form — To be submitted with B. The federally - assisted construction contractor certifies that he/she DOES NOT and WILL NOT: Maintain or provide, for his /her employees, any segregated facilities at any of his/her establishments. 2. Permit his/her employees to perform their services at any location, under his /her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally- assisted contractor agrees that (except where he /she has obtained identical certifications from proposed subcontractors for specific time periods) he/she Will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he /she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: pZ,�p`/ ;� Project Number: Company: Add By: Title z 0 0 Past Performance Certification Federal Compliance Form - To be submitted with Bid They_(bidder, ❑proposed sub - contractor, hereby certifies that he/she ehas, ❑has not, participated in a previous contract or subcontract subject to the Equal Opportunity Cl use, as required by Executive Orders 10925, 11114, or 11246, and that he /she t1as, ❑has not, 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 filing requirements. Date: Project Number: Contract Award: $ X 6/ 33, 570 Awarding Agency: (l..�j n o Contractor Name: -7e,4 z,1eV- ..hcTotal Number of Employees Affiliate Company: M Title: :X_/ c - y e_.r, ;o( NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 17(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). 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 U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF -100 (EEO -1) must be filed by; (A) All private employers who are (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60 -1.5 (2) Have 50 or more employees, and a. Are prime contractors or first -tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. 0 0 Notice of Equal Employment Opportunity Federal Compliance Form - To be submitted with Bid TO: 1:- C*W&'r CoaoarL a1s La 6er^s.rs (Name of Labor Union, Workers Representative, etc. l.aft-, 711_ Lot /4-„�. (.,r c Ar 4`1 (Address) �— Name of Business (contractor): doL, VAS Ua C *-& Z+sc-. Project Name: &0? -01 S; daviAt K- Project Number: 57 fi ti The Undersigned currently holds a contract with 6114 OF n+&WIke'r 14.044 involving funds of the U. S. Government, or a subcont c with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. (Print Name) 0 (Date) By: (Si tore) (Tate) 0 0 Notice of Equal Employment Opportun ,+ Federal Compliance Form - To be submitted with TO: ez-,' C'Wt- 'M ON-15 v.+ 3 ik-vo w. • (Name of labor Union, Workers RepmserdaWe, elrt Z..,mc--C A". &II 6 ,010oa,f C+'T /0201 (Address) Name of Business (contractor): Obi ✓a r I/aIA a � . Project Name: 2na-i -o f Project Number: 3q 1' 9 The Undersigned currently holds a contract with C ;ty of Nwpef SeA� involving funds of the U. S. Government, or a subcontrbct with a prime tontractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Ii VAS By: (Print Nana) ($i�hve (TWO Prime Contractor's List of Proposed Subcontractors Federal Compliance Form - To be submitted with Bid and Updated as Necessary Bidder must list all subcontracts involving labor at the site of construction, regardless of subcontract dollar amount or percentage of bid 200il-0: Siefewi&1K. G"r�. g �a�.�sr �srinc. C; fy as NGr/rsrf 1pcdL,[ PROJECT NAME �p i w AWARDING GENCY Location: aw ea✓r Iolk&k . rin Project Number: SUBCONTRACTORS: Employer Identification Contractor License Contract Estimated Start Estimated Completion Name, Address, and Telephone Number Number ber Number Amount Date Date TRADES TO BE USED Cave �R s ".,may �^ 33- 0/69862 LSD/// /y95a o %P OS/PP 5...Wwv+ ;�+� let A( 8 �i„�.:.rt-� ;`w`+ S`"w`es 3.ps3y99 b�.�d4o 90/�� 0 %8 oS��� Tr-•� '�...a,.m I R G .'f C410) C-*P%,r4 +: rfVC " �{.o � GAo 26- /;:rp /? ljm3AY2 �� Soo OIof 0 s08 1; �i/rl✓J�'1/ Si ature rJ3�iZ �o i Date :fu T. 01,4, Ur..— �r�f;.l..t Name and Title rC % If- / Atli C- 0 0 0 0 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMBApprmel Number2501 -0011 (Fv. 09:302006) 1. FROM (name and address of requesting agency) // G; I o� News ad--r Te.AW 2. PROJECT NAME AND NUMBER zaoI -iP sioiZ -at4 G„�,yf.le�..�t•." r 0O of -wro✓� 40 6►�CVwrrL �.s, t4Ca wt�� �A iii, 3. LOCATION OF PROJECT (City, County and State) Ncwrer? 4. BRIEF DESCRIPTION OF PROJECT lot 5. CHARACTER OF CONSTRUCTION ❑ Building E] Residential VA& tk4 , os,►,. ti d w✓ w t ❑ Heavy ❑ Other (specify) N +-1 r'.a6. }ie4. ait a to va 2rHIghway 6. WAGE DECISION NO. (include modification number, if any) 7. WAGE DECISION EFFECTIVE DATE 497 /O, /o IL Q COPY ATTACHED 6. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) - {..AGMe.wt 'Mgt -'v% *OIM►h�.7 2 oo / G SOP `3 9. PRIME CONTRACTOR (name, address) 10. SUBCONTRACTORIEMPLOYER, IF APPLICABLE (name, address) Ali ✓a,r VA Cdr z �n.�. .Si` ..7YOL rao4. SOL Chetik AN _` ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. The proposed classification is utilized in the area by the construction industry. The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). Rill Supporting documentation attached, including applicable wage decision. Ch k Off: ❑ Approved, meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Date Log in: (Typed name and signature) Log out: Phone Number HUD4230A (6-03) AFFILIATED LOCALS BURBANK LOCAL 345 KERN COUNTY SAN LUIS OBISPO COUNTY SANTA BARBARA COUNTY LOCAL 220 HOLLYWOOD LOCAL 724 LONG BEACH LOCAL 507 LOS ANGELES LOCAL 300 ORANGE COUNTY LOCAL 652 POMONA LOCAL 1414 RIVERSIDE- IMPERIAL COUNTIES LOCAL 1184 SAN BERNARDINO INYO -MONO COUNTIES LOCAL 783 SAN DIEGO Lou, 89 VENTURA LOCAL 585 WILMINGTON L.C., 802 1 WESSITE: SCOCL.owc II is N �i ii ii SOOT &RN CALIFORNIA DIST& COUNCIL OF LABORERS AFFILIATED WITH LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL -CIO 4399 SANTA ANITA AVENUE, SUITE 204 EL MONTE, CALIFORNIA 91731 TELEPHONE (626) 350 -6900 ARMANDO ESPARZA TONY R. HOFFMAN MIKE QUEVEDO, JR. PRESIDE SECRETARY- TREASURER BUSINESS MANAGER July 1, 2007 NOTICE TO CONTRACTORS Under the terms of the current Master Labor Agreement covering 11 Southern California Counties, the Southern California Dis- trict Council of Laborers has allocated the increases effective July 1, 2007, as set forth herein. The minimum hourly base wage rates and classifications appear on pages 2, 3 and 4. Hourly Fringe Benefits - 7/1/07 Health & Welfare $4.16 Pension 5.25 Vacation (Supplemental Dues of $1.11) 3.21 Training and Retraining .63 Center for Contract Compliance .15 Industry Fund .07 Contract Administration Fund .06 Foremen: Laborer Foremen employed in accordance with the Agreement shall be paid not less than $1.75 per hour more than the hourly wage rate of the highest Laborer over which they have leadership on their regular crew. In the event the Contractor, at his option, elects to use a Laborer Foreman to supervise other Laborer Foremen, he shall be paid not less than $1.00 per hour more than the hourly rate of the highest classified Laborer Foreman over whom he has leadership. Overtime: Time and one -half, except hours worked over 12 in a single workday, Sundays and Holidays, which are double (2) time. Subsistence: Subsistence shall be paid at the rate of $45.00 per scheduled workday. Subsistence as provided in the Agreement shall be paid on jobs on the following offshore islands: Richardson Rock Santa Cruz Island Arch Rock San Nicholas Island Santa Catalina Island San Miguel Island Santa Barbara Island San Clemente Island Santa Rosa Island Anacapa Island GROUP I Effective Boring Machine Helper (outside) 7 /1 /07 Certified Confined Space Laborer 24.63 Cleaning and Handling of Panel Forms Concrete Curb and Gutter Laborer Concrete Screeding for Rough Strike -Off Concrete, Water Curing Demolition Laborer, the cleaning of brick if performed by an employee performing any other phase of demolition work, and the cleaning of lumber Environmental, Remediation, Monitoring Well, Toxic Waste & Geotechnical Drill Helper Expansion Joint Caulking by any method (including preparation and clean -up) Fiberoptic Installation, Blowing, Splicing, Testing and related work Fire Watcher, Limbers, Brush Loaders, Pilers and Debris Handlers Flagman Gas, Oil and /or Water Pipeline Laborer Laborer, Asphalt- Rubber Material Loader Laborer, Concrete Laborer, General or Construction Laborer, General Cleanup Laborer, Landscaping Laborer, Jetting Laborer, Temporary Water and Air Lines Plugging, Filling of Shoe-Solt Holes; Dry Packing of Concrete and Patching Post Hole Digger (Manual) Railroad Maintenance, Repair Trackman and Road Beds; Streetcar and Railroad Construction Track Laborers Rigging and Signaling Scaler Slip Form Raisers Taxman and Mortar Man Tool Crib or Tool House Laborer Traffic Control by any method (including assisting in the moving and installation of construction signs, barriers barricade, delineators, cones, etc.) Traffic Control Pilot Truck, Vehicle Operator in connection with all Laborers work. Water Well DHII Helper Window Cleaner Wire Mesh Pulling — All Concrete Pouring Operations GROUP 11 Effective Asphalt Shoveler 7/M7 Cement Dumper (on 7 yard or larger mixer and handling bulk cement) 25.16 Cesspool Digger and Installer Chucktender Chute Man, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundations, 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 Man Grout Man (including forming, pouring, handling, mixing, finishing and cleanup of all types of grout) Guinea Chaser Headerboard Man —Asphalt Installation of all Asphalt Overlay Fabric and Materials used for Reinforcing Asphalt Irrigation Laborer Laborer, Packing Rod Steel and Pans Membrane Vapor Barrier Installer Power Broom Sweepers (small) Riprap, Stonepaver, placing stone or wet sacked concrete Roto Scraper and Tiller Sandblaster (Pot Tender) Septic Tank Digger and Installer (leadman) Tank Scaler and Cleaner Tree Climber, Faller, Chain Saw Operator, Pittsburgh Chipper and similar type Brush Shredders Underground Laborers, including Caisson Beilower F0.r 4Yd SOUTHERN CALIFORA CEMENT MASONS . -.t O NEGOTIATING COMMITPE �jj�n Jai 3 >) 2007 SCOTT BRAIN, Chairman 5811 E. Florence Avenue Bell Gardens, CA 90201 -4685 Tel: (323) 771 -0991 Fax: (323) 771 -2631 ART MARTINEZ, JR., Vice Chairman MARCOS ENRIQUEZ, Secretary To: All Cement Mason Employers All Cement Mason Employees 1605 North Susan Street Santa Ana, CA 92706 -0497 July 1, 2007 Tel: (714) 554 -0730 Fax: (714) 265 -0780 * ** APPRENTICE WAGES/ FRINGES*** COMMERCIAL APPRENTICE (BASED ON JOURNEYMAN SCALE OF $28.00) Is' Period - 40% 11.20 Benefits: IL` 2nd, 3rd Periods Health & Welfare, Appr Training, Supplemental Dues 2 °d Period - 45% 12.60 Industry Advancement, Contract Administration (Fringe Package: $7.25) 3"t Period - 50% 14.00 4T" Period 4" Period - 55% 15.40 Health & Welfare, Appr Training, Supplemental Dues, Vacation, Industry Advancement, Contract Administration (Fringe Package: $10.78) 5" Period - 60% 16.80 5'", 6"'. 7t"• t Periods 6' Period - 70% 19.60 Health & Welfare, Appr Training, Supplemental Dues Vacation, Pension, Defined Contribution (IRA) 7" Period - 80% 22.40 Industry Advancement, Contract Administration Period - 90% 25.20 8' Period Package: $16.58) SOUTHERN CALIFOR A CEMENT MASONS NEGOTIATING COMMITTF' R�,:�'vF'p JUL C a 2007 SCOTT BRAIN, Chairman ART MARTINEZ, JR., Vice Chairman MARCOS ENRIQUEZ, Secretary 5811 E. Florence Avenue 1605 North Susan Street Bell Gardens, CA 90201 -4685 Santa Ana, CA 92706 -0497 Tel: (323) 771 -0991 July 1, 2007 Tel: (714) 554 -0730 Fax: (323) 771 -2631 Fax: (714) 265 -0780 To: All Cement Mason Employers All Cement Mason Employees The 2006 -2009 Cement Masons Master Labor Agreement provides for a $2.13 per hour increase effective July 01, 2007. The Union has determined to allocate the increase as follows: Wages: $1.95 increase; Vacation: $0.08 increase; Apprenticeship Training: $0.05 increase; Supplemental Dues: $0.04 increase ** Industry Advancement: $0.01 increase (in addition to the $2.12 allocation) Also, effective July 1, 2008 a $2.25 increase to be allocated by the Union. Effective July 01, 2007, the following wage rates are payable to Commercial Journeyman Cement Masons: COMMERCIAL JOURNEYMAN WAGES ($1.95 increase) $28.00 Fringe Benefits ($0.18 increase) Vacation (.08 increase) 3.53 Supplemental Dues (.04 increase) 1.70 Pension 4.50 Defined Contribution (IRA) 1.30 Apprenticeship Training (.05 increase) .43 Health & Welfare 4.99 ** Industry Advancement (.01 increase) .07 Contract Administration .06 $16.58 Total Package Machine Rate: $0.25 above Journeyman scale Foreman Rate: Not less than $2.00 an hour more than the-bighest hourly Cement Mason Journeyman rate Subsistence: $30.00 per day/ Off -Shore Islands Only 7/01/07 $44.58 0 0 Section 3 Business Certification Form Federal Compliance Form — To be submitted with Bid to be Responsive to Section 3 Business Name: al; ✓a f 164 (.�, t �K • . Business Address: YL _ Al. a0±bj�e og 6m le. !, A 64 9/ 7 A y Telephone Number: _J 2" - 414C 9` l Contract/Bid Amount: The above mentioned business firm is a Section 3 business concern based on the following qualifications: ❑ 51- percent owned by Section 3 Residents (Submit Resident Certifications with this business certification form) ❑ At least 30- percent Permanent, full -time employees are Section 3 Residents Total Number of all full -time employees , Number of Section 3 qualified Employees (Submit the Resident Certification form(s) with this Business Certification) The above mentioned business firm is not a Section 3 business concem, but commits to the Section 3 goal: LJ Written Commitment (Section 3 Economic Opportunity Plan), outline intentions to: Hire Section 3 qualified residents at least 30- percent aggregate new hire positions, and/or Subcontract 25- percent or more of the contract amount to Section 3 qualified business concerns. THE UNDERSIGNED DECLARES THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT O3 /t ZlO r Sign ure of ner /Principal Date oL V 1t,f VA-k-11 EL i A/ 4. T dv 4l r S' f Business Name License Number To Be Completed by Local Contracting Agency Preference Category: o Targeted Service Area o Youthbuild oOther - Census Tract Number: Notice of Section 3 Commitment Federal Compliance Form — Must be submitted with Sid and posted at Jobsite TO: �1.vGs/t •� C fJ : d �n' o f Co r�r� c. 2 ai G'b a rey r Workers Representative, etc. 9 �'A,�a A f/1 F/ IYaA Name of Business (Contractor): zp/ / y4 S //VG Project Name:200?-DJ? fclLwetl.C�G'/�rj6< 40PArojeeGt Number: 3 9 F-y The Undersigned currently holds a contract with e_�� e Q�u/.oarf� involving Block Grant (CDBG) funds from the U. S. Department o� and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG- assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. Regarding employment opportunities for Section 3, the minimum number and job titles are: Minimum Job Classification Number i+« _Z:7 Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is o/ o DP. For additional information, you may contact 45y wo a ts, G'.f Go Tm F�ersons em—R a ne This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. vdrr c,' r u � er/�'vAJ (Print Name) D3� /s-/e By: (ftnature) (Title) 0 0 Notice of Section 3 Commitment Federal Compliance Form - Must be submitted with Sid and posted at Jobsite TO: Sou it-4 &e- L^ C A C,sw.swt W % Sv�.r (Name etc. 0/1 F_ E &,a4 ,; Awe, ?2a // 6 aril •+.r cA 902-01 Name of Business (Contractor): O 1-i V A 1 (01 A L b Z Z % AJ C, . Project Name: 2 oo ? -oB f, ,X irk, Cw4e44roect Number: T 117 1 The Undersigned currently holds a contract with _ G: 4 o,r W0'e'Ct involving Block Grant (CDBG) funds from the U. S. Dent of ousing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG - assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. Regarding employment opportunities for Section 3, the minimum number and job titles are: Minimum Number Job Classification 1 y ` w r. AK i Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is o +V o P. For additional information, you may contact This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. (Print Name) (Signature) (Title) 0 0 Federal Waae Decision Incorporated into the construction contract as part of the Bid Document To be physically attached to all subcontracts with the HUD -4010 Federal Labor Standards Provisions 0 0 FEDERAL WAGE DECISION F- I 0 0 General Decision Number: CA080035 02/08/2008 CA35 Superseded General Decision Number: CA20070035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/08/2008 ASBE0005 -002 08/07/2007 Rates Fringes Asbestos Workers /Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 37.01 10.84 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls ) ...........................$ 20.76 10.23 ASBE0005 -004 08/07/2006 Rates Fringes Asbestos Removal worker /hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 19.55 6.38 BRCA0004 -010 05/01/2007 Rates Fringes Bricklayer; Marble Setter ........ $ 32.83 9.20 0 ---------------------------------------------------------------- BRCA0018 -004 06/01/2007 Rates Fringes MARBLE FINISHER ..................$ 24.02 8.41 TILE FINISHER ....................$ $ 19.82 7.51 Tile Layer .......................$ --- ------- ------ CARP0409 -001 07/01/2007 30.55 11.62 ----------------------------------------------- BRCA0018 -010 10/08/2007 Rates Fringes TERRAZZO FINISHER ................$ 25.54 8.62 TERRAZZO WORKER/SETTER ........... $ 32.63 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 Scowman, Rockslinger, Shingler (Commercial) ................$ 35.64 9.20 (4) Pneumatic Nailer, Power Stapler ...............$ 35.76 9.20 (5) Sawfiler ...............$ 35.60 9.20 (6) Scaffold Builder ....... $ 27.46 9.20 (7) Table Power Saw Operator ....................$ 35.61 9.20 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Seams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. Certified Welder - $1.00 per hour premium. CARP0409 -005 07/01/2007 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 35.51 9.17 STOCKER/SCRAPPER ............ $ 10.00 6.56 --------------------------------- ------------------------------- 0 ELEC0011 -002 12/05/2006 COMMUNICATIONS AND SYSTEMS WORK r� Rates Fringes Communications System Installer_ ................ $ 24.43 3 %+7.60 Technician...,. ............. $ 26.23 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 06/04/2007 Rates Fringes Cable splicer ....................$ 38.15 38+11.23 ELECTRICIAN ......................$ 36.47 3% +11.23 ELEC0441 -004 06/04/2007 TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING Rates Fringes ELECTRICIAN Cable /Fiber Optic Splicing..$ 38.15 3% +11.23 Journeyman Transportation Electrician .................$ 36.47 3% +11.23 Transportation Systems Technician.... __ .......... $ 27.35 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 0 Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires ". The excavation, setting, leveling and grouting of 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 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 0 Rates ELEVATOR MECHANIC ................$ 41.265 0 Fringes 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 07/09/2007 Rates Fringes POWER EQUIPMENT OPERATOR (All Other Work) GROUP 1 ....................$ 33.65 15.82 GROUP 2 ....................$ 34.43 15.82 GROUP 3 ....................$ 34.72 15.82 GROUP 4 ....................$ 36.21 15.82 GROUP 5 ....................$ 37.31 15.82 GROUP 6 ....................$ 36.43 15.82 GROUP 7 ....................$ 37.53 15.82 GROUP 8 ....................$ 36.54 15.82 GROUP 9 ....................$ 37.64 15.82 GROUP 10 ....................$ 36.66 15.82 GROUP 11 ....................$ 37.76 15.82 GROUP 12....................$ 36.83 15.82 GROUP 13 ....................$ 36.93 15.82 GROUP 14 ....................$ 36.96 15.82 GROUP 15 ....................$ 37.04 15.82 GROUP 16 ....................$ 37.16 15.82 GROUP 17. ................... $ 37.33 15.82 GROUP 18....................$ 37.43 15.82 GROUP 19 ....................$ 37.54 15.82 GROUP 20 ....................$ 37.66 15.82 GROUP 21 ....................$ 37.83 15.82 GROUP 22 ....................$ 37.93 15.82 GROUP 23 ....................$ 38.04 15.82 GROUP 24 ....................$ 38.16 15.82 GROUP 25 ....................$ 38.33 15.82 POWER EQUIPMENT OPERATOR (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 35.00 15.82 GROUP 2 ....................$ 35.78 15.82 GROUP 3 ....................$ 36.07 15.82 GROUP 4 ....................$ 36.21 15.82 GROUP 5 ....................$ 36.43 15.82 GROUP 6 ....................$ 36.54 15.82 GROUP 7....................$ 36.66 15.82 GROUP 8 ....................$ 36.83 15.82 GROUP 9 ....................$ 37.00 15.82 GROUP 10 ....................$ 38.00 15.82 GROUP 11 ....................$ 39.00 15.82 GROUP 12 ....................$ 40.00 15.82 GROUP 13 ....................$ 15.82 POWER EQUIPMENT OPERATOR 15.82 (Tunnel work) 36.57 GROUP 1 ....................$ GROUP 2 ....................$ 15.82 GROUP 3 ....................$ 36.93 GROUP 4 ....................$ GROUP 5 ....................$ 15.82 GROUP 6 ....................$ 37.16 GROUP 7 ....................$ 41.00 0 15.82 35.50 15.82 36.28 15.82 36.57 15.82 36.71 15.82 36.93 15.82 37.04 15.82 37.16 15.82 FOOTNOTES: PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, and Vandenburg AFB. Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator - inside; Engineer oiler; Forklift operator (includes 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 Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine 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 0 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 5: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self- propelled tar pipelining machine operator; Skiploader operator (crawler. and wheel type, over 3/4 yd. and up to and including 1 -1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator - bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt - rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self- propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or 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 0 0 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 5o yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6 -1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi - engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self - loading - two (2) or more units) GROUP 13: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP.15: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem 0 0 (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 loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin- Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and /or manlift operator; Polar • 0 gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power- driven jumbo form setter operator • • GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber - tired, rail or track type); Pneumatic concrete placing machine operator (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 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, E 0 Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $2.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $1.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock '---- -------------------------------------- LAB00300 -001 07/01/2007 Rates Fringes Brick Tender .....................$ 25.47 13.25 ---- — -- --- --- -- ----------------- LAB00300 -003 07/01/2007 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 Rates Fringes LABORER: Gunite GROUP 1 .....................$ 27.79 16.62 GROUP 2 .....................$ 26.84 16.62 GROUP 3 .....................$ 23.30 16.62 Laborer: Tunnel GROUP 1 .....................$ 29.04 13.54 GROUP 2 .....................$ 29.36 13.54 GROUP 3 .....................$ 29.62 13.54 GROUP 4 .....................$ 30.51 13.54 Laborers: GROUP 1 .....................$ 24.63 13.25 GROUP 2 .....................$ 25.18 13.25 GROUP 3.....................$ 25.73 13.25 GROUP 4 .....................$ 27.28 13.25 GROUP 5 .....................$ 27.63 13.25 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt- rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline 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 0 0 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, Ports. Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading 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 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 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) 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 • i 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 GLAZIER ..........................$ 33.30 13.53 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247 -002 01/01/2008 Rates Fringes SOFT FLOOR LAYER .................$ 29.85 8.49 0 0 ---------------------------------------------------------------- PLAS0200 -009 01/01/2005 Rates Fringes PLASTERER. ....................... $ 28.29 7.46 ------ — -------------------------------------------------------- PLAS0500 -002 07/01/2007 Rates Fringes CEMENT MASON /CONCRETE FINISHER ... $ 28.00 16.45 --------------------------------------------------------- PLUM0016 -001 01/01/2008 Rates Fringes PLUMBER /PIPEFITTER (1) work on strip malls, light commercial, tenant improvement and remodel work ........................$ 26.21 13.54 (2) work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space.—.... ......... $ 32.84 14.93 (3) All other work .......... $ 33.86 15.91 PLUM0250 -002 01/02/2006 Rates Fringes REFRIGERATION MECHANIC Refrigeration Fitter ........ $ 33.30 13.95 -------------------------------------------- PLUM0345 -001 01/01/2008 Rates Fringes PLUMBER Landscape /Irrigation Fitter.$ 25.18 12.66 Sewer & Storm Drain Work .... $ 22.99 14.79 ------------------------------------------------------ ROOF0036 -002 08/01/2007 Rates Fringes ROOFER ...........................$ 29.90 7.27 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. --------------------------------------- ------------ --- --- ---- --- 0 0 SFCA0669 -008 01/01/2007 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire Sprinklers ) ......................$ 30.00 14.15 ----- -------------------------------------------- SFCA0709 -003 01/01/2008 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 35.68 19.00 ----- ------- ---------- * SHEE0105 -003 01/01/2008 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes Sheet metal worker (1) Commercial - New Construction and Remodel work... .................... $ 37.08 14.61 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... $ 32.01 19.92 TEAMO0II -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 0 0 GROUP 7 ....................$ 26.22 17.39 GROUP 8 ....................$ 26.47 17.39 GROUP 9 ....................$ 26.67 17.39 GROUP 10 ....................$ 26.97 17.39 GROUP 11 ....................$ 27.47 17.39 GROUP 12 ....................$ 27.90 17.39 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFBJ 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 0 0 when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------- - - - - -- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates, other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. 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 CPR Part 1.8 and 29 CPR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 4 091fool 2ws) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 March 11, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Luy 949 -644 -3330 or sluy@city.newport- beach.ca.us SUBJECT: Sidewalk, Curb and Gutter Replacement FY07 -08 - Award of Contract No. 3974 RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 3974 to Olivas Valdez Inc. for the Total Bid Price of $736,133.50, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish $61,766.50 (8.7% of low bid) to cover the cost of unforeseen work. DISCUSSION: At 11:00 a.m. on February 14, 2008, the City Clerk opened and read the following bids for this project: The low total bid amount is 6 percent below the Engineer's Estimate of $785,000. The low bidder, Olives Valdez Inc. (Valdez), possesses a California State Classification "A" Contractors License as required by the project specifications. A check of the Contractors references indicates Valdez has satisfactorily completed similar projects for other municipalities. Bidder Total Bid Amount Low Olivas Valdez, Inc. $736,133.50 2 D & L Wheeler Enterprises 747,011.75 3 Damon Construction Co. 753,285.90 4 Haitbrink Asphalt Paving, Inc. 763,711.40 5 L.H. Engineering Co., Inc. 778,335.00 6 Sully Miller Contracting Co. 784,025.85 7 Nobest, Inc. 851,000.00 8 R.S.B. Group, Inc. 853,387.00 9 PALP , Inc. DBA Excel Paving 897,622.00 10 McKenna General Engineering 941,199.25 11 S. Parker Engineering, Inc. 944,174.50 The low total bid amount is 6 percent below the Engineer's Estimate of $785,000. The low bidder, Olives Valdez Inc. (Valdez), possesses a California State Classification "A" Contractors License as required by the project specifications. A check of the Contractors references indicates Valdez has satisfactorily completed similar projects for other municipalities. • Sidewalk. Curb and Gutter Replacement FY07 -08 —Award of Contract No. 3874 March 11, 2008 Page: 2 The majority of the work consists of reconstructing existing concrete sidewalks, curbs and gutters, cross gutters, driveway approaches, access ramps, and median stamped concrete; removing and pruning offending tree roots; and installing new tree root barriers per City standards. Valdez, Inc. is required to complete all work within 75 consecutive working days. Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15301(c), since the project consists of making repairs to existing sidewalks and other improvements that do not expand their current use. A Notice of Exemption has been filed with the County Clerk. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City- prepared construction informational notices will be distributed by the contractor to residents and businesses within the Work vicinity. The first notice will be distributed ten days prior to the scheduled work. The second notice will be distributed 4B hours before the work commences. Geotechnical. Material Testinq and Printing Costs: In addition to the contract costs, approximately $5,200 in material testing and $2,000 for printing and other incidentals are anticipated for this project. Services will be retained from consultants with existing on -call agreement with the City. Funding Availabilitv: There are sufficient funds available in the following accounts for the project: Account Description General Fund CDBG General Fund Account Number 7013- C5100020 7161- C5100549 7013- C2001008 Total: Amount $ 598,400 $ 101,700 $ 105,000 $ 805,100 Proposed uses are as follows: Vendor Olivas Valdez Inc. Olivas Valdez Inc. Harrington Geotechnical Various Prepared by: ",04;1 /,Z- Steve 6. Associate Civil Engineer Sidewalk, Curb and Cutter Replaceme*, 07 -08 — Award of Contract No. 3974 March 11, 2008 Page: 3 Purpose Construction Contract Construction Contingency Materials Testing Printing and Incidentals Total Amount $ 736,133.50 $ 61,766.50 $ 5,200.00 $ 2,000.00 $ 805,100.00 Submitted by: '"hen . Badum __-,,,Public Works Director