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Home My WebLink AboutC-4144 - Balboa Boulevard Street RehabilitationCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellani I. Brown, MMC August 25, 2011 Mr. Bruce Ortiz Ortiz Asphalt Paving, Inc. P.O. Box 883 Colton, CA 92324 Subject: Balboa Blvd. Pavement Rehabilitation (C -4144) Dear Mr. Ortiz: On April 27, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of.Completion was recorded by the Orange County Recorder on May 4, 2010. Reference No. 2010000210711. The Surety for the contract is Indemnity Company of California and the bond number is 0505237. Enclosed is the Faithful Performance Bond. Sincerely��,yy�� 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 Executed in Four Counterparts Bond #0505237 CITY OF NEWPORT BEACH Premium: $7,558.00 PUBLIC WORKS DEPARTMENT Premimn is for contract term and is subject to adjustment based on final contract Brice BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 BOND NO. 0505237 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,55800 being at the rate of $ 11.75 per thousand of the Contract price. for first $100,000; $9.00 per thousand for next $400,000; $7.50 per thousand-for remainder WHEREAS. the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Ortiz Asphalt Paving, Inc., hereinafter designated as the "Principal ", a contract for construction of BALBOA BOULEVARD PAVEMENT REHABILITATION, Contract No. 4144 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. 4144 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company ' 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 Eight Hundred Seventy -One Thousand and 001100 Dollars ($871,000.00) 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. 53 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 attorneys 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 lull fnmc n-d cf ccr fcr ;'fin^ `t i }4Tnr follo,ving the d ^tc ^f forma .l. ^^^.ptanco -f !hc pr..j....e L y !hc ! ;t`f. 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 Suretv above named. on the 30th day of September 2009 f7- Ortiz Asphalif Paving, Inc. (Principal) International Fidelity Insurance Company Jame of Surety 13400 Sabre Springs Parkway #270 San Diego, CA 92128 Address of Surety (858) 513 -1795 Telephone AuttVirlzed SignaturelTitle ' Authorized Agent Signature Pamela McCarthy, Attorney -in -Fact Print Name and Tltle NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED CALYFORN %A ALL - PURPOSE ACKK ILEDGEMENT State of California \ County of San Bernardino On September 30, 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG COMM. # 1806614 z NOTARYPUBLIC- CALIFORNIA SAN BERNARDINO COUNTY '�� My Comm. Eupirec July 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signa r of Notary Pu 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ED Individual Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General • Attorney -in -Fact • Trustee • Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here CALIFORNIA ALL-PURPOSE > " E e ti 4 State of California County of &A, &P -y2 Cr YO4h� On OC,�" //f 2Ua C/ before me, s. personally appeared (here 5 who proved to me on the basis of satisfactory evidence to be the person whose name arc subscribed to the within instrument and acknowledged to me that�e,she /they executed the same in V� cr /their authorized capacity(i�, and that by 4aer /their signature on the instrument the persone, or the entity upon behalf of which the person /) acted, executed the instrument. / I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Jam• V<�� Signature of Notary Public %Eon.., S.OWENS f „= COMM. #,1847334 NOTARY PUBLIC - CALIFDRM.', It SAN BERNARDINO COUNP. _ C0MM. EXPIRES MAY 2 20:13 (Seat) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Paaes Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as aopems above in the notary section m- a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any niva notive ock-nowledgment verbiage as may be printed on such a document so long as she verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of [he signer). Please check the document carefully for proper notarial wording and attach this form •frequircd. • State and County information must be the State and County where the document signe(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lte/shtAe7L is lace ) or circling the correct fors. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment for. • Sio azure of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this aclmowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capaciq' is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Tel (9.73)624 7200 1DG. o]`JE R OF ATT6 INTERNATIONAL FIDELITY HOME,- OFFICE: ONE NEWARKTEN7 _. NEWARK „NEW JERSEY 07 RNEY 4SURANCE COMPANY 20TH FLOOR. • - 1 -5207 u s: its Im .. . e and law . f f ul attomey(s) -in fact to execute, seal and deliver for and on its behalf as surety, any. and all bonds ai-d undertakings, contracts: o mdenuue, an - other writings obligatory in the nature thereof, which are or may be allowed, required or permitted.by law, stature, rule, regulauon, contract or otherwise, and the execution of such instrument(s) in. pursuance of these presents,. -shall be as bmdmg upon the said. INTERNATIONAL FIDELITY INSURANCE COMPANY, as and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. -- _ - - - - - This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted ..by. the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority - (1) To appoint Attorneys -in -fact, and to - authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto; bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attomey -in -fact and revoke the authority given. ' Further, this Power of Aherne is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at meeting duly called and held on the 129th �ay of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating' thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding th upon the Company and any such power so executed and certified by facsimile :signatures and facsimile seat shall be valid and binding upon the Company in e future with respect to any bond or undertaking to which . it is attached. ITY /�/J. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. �• INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL m 9� �y' O STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding mstmment, to me personal)y known, and, being . by me duly -' said the he is die therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; drat the seal affixed to sworn, said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. MARQG IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, first written �Q.• w at the City of Newark, New Jersey the day and year above ONOTARY M) P,U86fC -- '✓ JE?k A:- NOTARY PUBLIC OF NEW JERSEY - 'My.Commission Expires Nov, 21, 2010 - - - CERTIFICATION P I, the undersigned officer of INTERNATIONALFIDELITY INSURANCE COMPANY do hereby certify that I,have compared the foregoing copy of the Power of Attorney and affidavit, and the�bopy of the Section of the By' -Laws of said Company as set forth in said:. Power of Attorney, with the ORIGINALS ON -.. IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof,..andof the whole of the said originals, and that the said Power ,of Attorney bag not been revoked and is now in full force and effect '. IN TESTIMONY WHEREOF, I have hereunto set my hand.ihis 3U day of ��Z•t•G_�� ` :Assistant Secretary as Tel (973) 624 -7200 - F oWE R OF ATTORNT,Y , 'INTERNATIONAL EIDEU TY INSIURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR' - -- <) - NEWARK; NEW JERSEY 07102 -5207 - KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,,and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ' .- .. r................................. JAY P. FREEMAN, SUSAN C. MONTEON, FRANCES LEFLER, PAMELA MCCARTHY : 1 3 San Bernardino, CA. its true and lawful attorney(s)-in-fact to execute seal and deliver for and on its behalf as surety, any and all bonds ar d undertakings contracts of indemnity and other writings obligatory in the y. nature thereof, which are or may be allowed, required or permitted. by law, stature, role, regulation, contractor otherwise, and the execution of such instrument(s) in.. pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and .amply, to all !intents and purposes; as if the same had been duly executed and acknowledged by its regularly elected officers at its :principal office:-:: ' This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By Laws adopted by the Board of Directors of INTERNA'T'IONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. - The President: or any Vice President; Executive Vice. President, Secretary or Assistant Secretary, shall have power and authority -'(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings: obligatory , in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed, by facsimile pursuant to resolution of the Board of Directors of said Company adopted atameeting duly called and. held on the 29th day of April, 1982 of which the following is a true excerpt - Now therefore the signatures of such officers and the seal of the .Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile; and any such power of attorney' or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ITY //Yf IN TESTIMONY WHEREOF, . INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. pQIP �'�9f.y INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL `° m $ t 9 STATE NEW JERSEY ,eS- k, �O County of f Essex Secretary On this 16th day of October 2007, before me came the individual who executed the ppreceding instrument, to me personallyy known, and, being . by me duly sworn, said the he is the therein described: and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company:: IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, - �t?.• � at the City of Newark, New Jersey day and year first above written � 00 NOTARY PUBLfC JEPS A NOTARY PUBLIC OF NEW JERSEY " CERTIFICATION My Commission Expires Nov. 21, 2010 L the undersigned "officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof,.,and of the whole of the said originals, and that the said Power of Attomey has not been revoked'and is now in full force and effect �5 r IN TESTIMONY WHEREOF, I have hereunto set my hand this T% day of'ape : ' Assistant Secretary - 08/22/2011 14:05 5626972039 LCP_CTI PAGE 01/01 RECEIVED nil AUG 29 AM 8!43 nr -,nr nr THE CITY CLERK RELEASE OF STOP NOTMEF ";l \'POAT BEKY TO: C l f g 04 (b s-[A McSA— (Cons coon Lender, Public ntity or Owner) ?300 Ewlott- �m " n)APL (X"5) YOU ARE HEREBY NOTIFIED that the undersigned claimant releases t t certain Stop Notice dated _ 8I22�7�7I I in the amount of $ J tq . 1 !r at as owner or public body and � 1 D f. as prime tractor in connection) ,with the work or improvement known as 16a �(] Pill �� 1 - y in the City of CtN GPI 1`� I� ,> County of �! t / State of California. r Name of Claimant: I_I nkCold fI an �l- � ALA rq Address: (Co v Telephone: Syplamam,andfidb) Hy: Dated: � �j� VERIFICATION I, the undersigned, state: I am the ? � Z)na of the claimant named in the foregoing (Title? Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I �, Executed on 'v t ! �, 20 LL, at 1,8 17 V)YA State of Signs of latmant or Authorized Agent &h STOP NOTICE RECEIVED �^ LEGAL NOTICE TO WITHHOLD CONST" NfgNRlR 12, (Public or Private Work) (Per California Civil Code Section 310$j. ll ro r'�rvL Vfr" To: CAtV DI Ne YVI /WA LLv0.I' ! Project,.. "t�l'Ir��' p) �ni,�me��fi e pu Ic naVUC4a Nna M1Olaer (Name oe�tb6yt 0(Vr5 fl�tr7i�� +# ►�� (Address. It directed car hours, area... amanaaan.,useaearess t tench) much M1Ol�lund) l_ (Adareca) Ne�nIV ll nneh CA �2�(03 tell �'�Di �� Es�l-�i51(o24) (cry, state and zip) Ieitr. mom and ap) TAKE NOTICE' whose address is has performed labor and furnished materials for a work of improvement described above as Project. Thie labor an9l materials furnished by claimant are of the following general kind: rlII IVIO /M 1 a l A/I J/ can iA ! The Total value of the whole amount of labor and materials agreed to be furnished is ............ $ I 11��Cb�I • /�2 The value of the labor and materials furnished to date is: ............ .......... ......................... $ -121 W 1S 12 Claimant has been paid the sum of :....................................................... ............................... $ _ :l There is due, owing and unpaid the sum of :........................... ............................... .. . $ You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated 2O NAME: b -ndy,s Wvl Nn i H14 (Name of step notice claim..)) By. o er or agent ot. o notes claimant must sign he ens vanry[ mw) Authorized Capacity: � �il � Q(7%� � n q VERIFICATION I, the Undersigned, state: I am the L U� the claimant named in the (President ol.'P parmo or,'owner oe', 'And or, etc ) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under Me a�unnty of perjury under the laws of the Stale of aliforni that the foregoing is true and correct. Executetl on V� zo, at California. (Date Ni tlswmentwas sienna) ( ,ere arc notcorigned) / anatum of Nei iw al wM1O ass are, put gVernme.1 fire stop notice are true) Copies (2)iid Siq hii*c %fed In MOU140 TAKE NOTICE' whose address is STOP NOTICE ' 'rrf:1\/F-D LEGAL NOTICE TO WITHHOLD CONSTRPPTj,IPIV79NPR 12. 5 (Public or Private Work) has performed labor and furnished materials for a work of improvement described above as Project. v The labOr an materials furnis��gpd by claimant are of the following general kind: Int„Ins I ,ai —./ ,�vr a., r. .,, IA The parry: Pmk 0 leameormePeT'vawxoxeamewr . amna,mt t[ Total value of the whole amount of labor and materials agreed to be furnished is ............ $ The value of the labor and materials furnished to date is: ................................. ............... $ } Claimant has been paid the sum of: ...................................................... ............................... $ ;J There is due, owing and unpaid the sum of : ...................... ........ .............. ... .......... $ You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated 2 NAME: Ivs L�l P(Amov) (Name of elap(�otlu delme� �/�/� By: e (Y V ✓ � f�.l Ovnx gem of 1- ddmeormudei,,,"reI"n, lov/r•/'�% Authorized Capacity:�I� /I .3o VERIFICATION I, the undersigned, slate: I am the I (J the claimant named in the (Prnidental.'A pemx oq'evnx or. 'bentaq em.l foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under a ally of perjury under the laws of the State of alifornl that the foregoing is true and correct. Executed on �� —,20-[b at Z California. (ate ml 0owmemwae dgne� r xe sic nc4welgireJ1 e ,( /d3im�.w,e otmeal vfieia eweamg NarM oo enb otne smp noaro re we) CounCA Manager Attorney — • n� es Sent _ City Council City Manager _.amity Attorney ✓_ RECEIVED 2610 APR -9 M V. 14 r'nr ^1r RELEASE OF STOP N THE Ci1Y TO: CI ty c f Y1�i.utxY > Eeco'h (Cons mction Lender, Public E ty or lhvner) :� ► r �Iu� on�I�o f m�,+rl� c'A q��c10 (Address) YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Notice dated A'e I I D 12-_Q I Q in the amount of $ ( Q 1. 1 9 against C*b fl t beach as owner or public body and O ETI Z hSOWT P i1 flib as prime contractor in connection with the work or improvement known as the City of fkaopCNf _yxnr'h County of ()P—A-k)L7r State of California. f Name of Claimant: Llnl!1�S C00 hloinIY1(./� CINDY'S COLD PLANING Address: P,o. �� 7eA ICj -RA C LIC 072 '50-- hc��f - (.{a l2 P.C. BOX BOX 385 Telephone: LA HABRA, CA 90631 � 1 & t�� n � n By: r, 151 �1,' 10 (Signature) Dated: �3e.ic�nncl !1^cctmp brzk4cpey (Type name and titl ) VERIFICATION I, the undersigned, state: I am the Boo V y- of the claimant named in the foregoing (Title) Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on hyl 20 JQ_, at br- State of >1 6 �1 Si tune of Claimant or uthorized Agent X31 Date �V Copies Sent To: City Council City Manager it Attorney FI e' RECEI\ /ED STOP NOTICE M0 APR -6 AM & 34 LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) OFRCE OF (Per California Civil Code Section 3103) THE C! I Y CEEB{( To: Cltyot Newport g:�Oo `N�WO►2"`YC�'g1�I (AtlAea, naveaea m. baN o, [avly[ eik ban esm, use ada,esc N Nand, xdaey Md[ hCV1(p6LT .l�Gi(Xl,(,�4 �2b1o3 KM. N.n [ne ap) TAKE NOTICE THAT L nln 'f�,,,1 t� CITY CF p,�;`! ^CI?T BEACH In �n Project: 24120 1 END PAVVm n I k�MAO (ov�fra�6Y # IAddraa) :,,Mel l FM No cam! -Slsl (aq) (Qa.Nam— ) �p ( N[meNhepe- mva- tlNn,npm..mvaaaae. [ m. �a. ewroedrsmaruseme., .,,..me,.e:a.wroaao[tucemenmwem whose address is I • o. 15oY se5 L�i }I•A!! V7 t (^j�r deNtlap Nop nop«) has performed labor and furnished materials for a work of improvement described above as Project. The labor and materials furnished by claimant are of the following general kind: Af2phid �IYLIVUkf 1 mAh ✓J 1 i [n v,/7 —Tn. [n r/ ..n .. ✓ The labor and materials were furnished to the following party: VV-112 ASj'j j h CT pm in 0 Pir) . BOV 8 ;3 CAI;RON (Nam e elp,epe,b M,a adaMhe -wkNme N) Total value of the whole amount of labor and materials agreed to be furnished is ............ $ I �� • - I ��1 The value of the labor and materials furnished to date is: ................. — ............................. $ Claimant has been paid the sum of: ...................................................................................... $ /- There is due, owing and unpaid the sum of. ................................... ............................... $ uJ i IOFi . You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. /. !� t� Dated 3 2�'��V NAME: LlndYs ��v1 7 IImyllrin M[me Mpop mtka NNm[Nf By: �. IO+na or.pnl alsmp�Nee binunlmuNSyi Wert N wry Wd Authorized Capacity: C•5,0 VERIFICATION I, the undersigned, state: I am the C. 5. 0 the claimant named In the (PnddeN Ol,'A pNpMl pr,roener [r, •PyeN Or, e[c) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same Is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California r�that _�the foregoing is true and correct. Executed onMarrb 2% 2DILat �WIL California. (U. hN d..M.Nnd) Inan -NdryM .Napa, ^Np -at� By: (// :� ✓ t'I� (pa[aul [IpneWrealhe xTO4sw[aMp hN h[wnUnb olM NOp nNke wOUq A�� - NV —Imn RELEASE OF STOP NOTICE TO: J I�Jy 3 >I A04 4eWport eoCll n � � .�trr �yU tio � J��I'3 —rt C 2(d9 (Address) YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Notice dated ��_ i � �� in the amount of S ty 1 100 1 : 1 against -()t I JC C {) as owner or public body and 602 Ac PMLT pA/IrIG�I as prime contractor in connection 1w�ith the n {work /1or improvement known aIs' I I B(ilhom N l)t' J Re liip 1 � 1 t'l I or 1 CO 11 I% 0 4 `�t �i— q in the City of nfWp1Yf r.iL.n l ,Countyof State of California. Name of Claimant: h n dy sb ld plantarl Address: FO ad § rLT'& i W b q Telephone: By: rr Dated: al Y u1 2 (Type name and titleand titlen VERIFICATION a (, I, the undersigned, state: I am the ;' of the claimant named in the foregoing (Title) Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. `1I ,� Executed on 2 Ul D 20 la, at [ C( �1Y" State of Signal—we of Claimant or Authm zed Agent May 25 2010 13:24 HF _ASERJET FAX Date RECEIVED 7010 MAY 25 PM 1: 59 Copies Sent To:. .City Council 'City Attorney Fii STOP NOT OFi 1C[ OF THE CITY CLCJi NOTICE TO WITHHOLD CONSTRUCTION FUNDS CITY OF ';!_'.'`'.P;RI n+- I (Public or Private WOrI0 (Per California Civil Code Section 3903) 1► 0 . Il . A is /: PRO k Ent 1 i `, z �I., TAKE NOTICE' whose address is has performed labor and furnished materials for a work of improvement described above as I'rnJect. by claimant are of the following general kind: Prom: P.1 (024) The Total value of the whole amount of labor and materials agreed to be furnished is ............ The value of the labor and materials furnished to data is: ... ... .. ........... ...... ................... Claimant has been paid the sum o ..... ............................... ............ ............................... .. There is due. owing and unpaid the sumo ............................ ............................... . You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. 0 Damn IVIi%1 9 E ei„„r .amn..a By' omora.pn m. noeu mimem nm Authorized Capacity; Loo claimant �med'm Me I. the undersigned, state: o® VERIFICATION the te: I am the foregoing Stop Notice; 1 have read said stop Notice and know the contents thereof; the some Is true of my own knowledge. I declare under a aunty of penury under the laws of ft State of ['form that the foregoing Is true and correct. Executed on A zo�.t{. et Canfomia. Ip.p aowmmrwav�eW nWeVa~!. —F 1 arm W venreolan dl vI� b wnae a lenu cw hu0) 150 RECEIVED SEP 27 2010 RE LEA & ASSIGNIVII✓NT OF1C o CLAIMS Whereas, the undersigned claimant entered into one or more subcontract(s), purchase order(s) or other agreements for the furnishing of labor and /or material in the prosecution of the work performed by or for the "PRINCIPAL CONTRACTOR" identified below, for the public improvement or construction project described below; PRINCIPAL CONTRACTOR: Ortiz Asphalt Paving, Inc. PROJECT DESCRIPTION: Balboa Blvd. Paving PROJECT LOCATED IN: City of Newport Beach PROJECT OWNER: City of Newport Beach CLAIMANT: Cuscatlan Trucking, LLC Whereas, a payment bond and/or a performance bond bearing Bond # SDIFSU0505237 (the `Bond's was issued by INTERNATIONAL FIDELITY INSURANCE COMPANY ("IFIC"), as surety, on behalf of the PRINCIPAL CONTRACTOR, as principal, relating to the referenced Project; and Whereas, the undersigned claimant represents that the PRINCIPAL CONTRACTOR has failed to make payment to the claimant for all or part of the obligation secured by such Bond, for which failure of payment the undersigned has submitted a claim under the Bond; NOW, THEREFORE, in consideration of the sum of $23,441.40 received by the undersigned claimant from IFIC, as surety under the said Bond, and in consideration of potential defenses which IFIC may assert to have against such claim, the undersigned claimant hereby releases and discharges IFIC, and its successors, assigns, co- sureties, reinsurers, officers, directors, employees, agents, representatives, attorneys, engineers and consultants from any and all claims, causes of action, rights, duties, obligations and liability of whatsoever kind or nature in any way arising out of, incidental to or relating to any of the said subcontract(s), purchase order(s) and other agreements (and any change orders and extra work related thereto), the aforesaid construction project, the aforesaid payment bond and performance bond, the aforesaid claim or the administration thereof. AND, in further consideration thereof, the undersigned claimant reaffirms to and for the benefit of IFIC all obligations, warranties and guarantees which the undersigned may have and ever had under or in connection with its aforesaid subcontract(s), purchase order(s) and other agreement(s) (and any change orders or extra work related thereto) and agrees to perform in accordance with its (or their) terms any corrections, repairs, or replacements that may be required. And the undersigned claimant agrees to indemnify and hold harmless IFIC with regard to all claims by anyone for compensation for labor or material or services furnished for the claimant (such as by claimant's subcontractors and suppliers and laborers) for the prosecution of the claimant's work for the said project. AND, in further consideration thereof, the undersigned claimant hereby assigns absolutely and irrevocably to IFIC, without recourse against the undersigned, all rights and claims which the undersigned may have against the PRINCIPAL CONTRACTOR and the owner and anyone else to compensation under, arising out of, incidental to or relating to the aforesaid subcontract(s), purchase order(s) or other agreement(s) (or otherwise to compensation for labor and material furnished for the said construction project); and the undersigned hereby appoints IFIC (and its successors and assigns) the true and lawful agent and attorney -in -fact of the undersigned with full power of substitution and revocation with the power (but not the obligation) to ask for, demand, recover, collect and give release, discharge, acquittance, settlement or compromise for all (or at the option of the said agent any part of or none of) such compensation from any such person or entity. AND, in further consideration thereof, the undersigned claimant hereby agrees to assist and cooperate fully Date q -50. 1 U Page 1 of 3 Copies Sent To: pity Council City Manager --, File Attomey V with IFIC in its exercise of the rights assigned to it herein, and to execute such other and further documents as may be reasonably required to implement the intention of this instrument, including but not limited to separate assignments of any stop notice or any mechanic's lien or public improvement lien filed by the undersigned in connection with such project, and appropriate stipulations of discontinuance or other disposition of any litigation or other legal proceeding in which the undersigned is a party. The undersigned claimant hereby represents and warrants that all of its subcontractors, suppliers, laborers and lessors who supplied labor and /or materials to the Project have been paid in full; and that the undersigned claimant has not before been paid any of the claim which is the subject of this Release and Assignment. The undersigned understands and agrees that all rights, if any, arising or which may arise under §1542 of the Civil Code of California or any similar statute pertaining to the subject of this Release are hereby expressly waived by the undersigned. Civil Code §1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT HIQOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By signing this Release you are agreeing to settle your claim not only for the injuries and /or damages related to this claim that are presently known to you but also any injuries and /or damages which you may have suffered of which you are not yet aware. By signing this Release you are precluded from bringing any further claim or legal action against the parties released for your injuries and /or damages related to the incident giving rise to this claim. FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY-PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. IN WITNESS WHEREOF, on this a�> day of S e p� 2010, the undersigned hereby acknowledges that I am the (state title of officer of entity signing this release) LV (S C o / J c t-o Vt of the claimant named below and that I caused these presents to be duly executed with the authority and on behalf of the claimant. Claintant'sNaine: Cuscatlan Trucking, LLC Clahnant'sAddress: PO Box 1349 Hawthorne, CA 90251 By. 1V t S Cc t Ct. v (M n(seal) % (Signature of Corporate Officer) Page 2 of 3 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California / J ss. S' County ofd �iiPe9e� On , °23 2 /O d ,before me, ?ems el ate Name and line ofa " te, June Dm, NOlmr PUba,) personally appeared Nomc(s)nr5l�aQs) , ❑ personally known to me. ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to RENE - - - ""'" EYELE the within instrument and acknowledged to me that • . ... omm scion 1 759 7 he /she /they executed the same in his /her /their authorized Commission # 1 754979 li' n Notary Public • California capacity(ies), and that by his/her /their signature(s) on the s Los Anpeles County instrument the person(s), or the entity upon behalf of Comm E res 26,2011 which the person(s) acted, executed the instrument. seal. Ph. N.u, Scat Movc 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 Do ent Title or Type of Document: Document Date: O 9 3 �o /O Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual '� e- /� L �Corporate Officer- Title(s) VGC ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: el -F7- /Z Page 3 of 3 Unconditional Release of Public Works Stop Notice That certain claim and stop notice dated June 10 -2010 and filed with the City of New Port Beach for labor and/or material furnish to Ortiz Asphalth Paving for the work of improvement commonly known as Balboa BI and New Port BI, 44' St BKO -127. City of New Port Beach CA. In the sum of $23,441.40. Filed by: Cuscatlan Trucking, LLC. P.O.BOX 1349. Hawthorne, CA 90251. Is fully release and discharged. Notice: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form. DATED: fj �% a 3 —2016 g : �SCcc t (Ccn /ry � ( C Print name of signor, Stop Notice RECEIVED Legal Notice to Withhold Construction Fund,N10 MAR 17 PH -43 Public or Private Works - California Civil Code Section 3AR 1 OFFICE OF ❑ To Owner: 0 V JU t?F -) ❑ To Lending Institution 33 ov P tL J YOU ARE HEREBY NOTIFIED that: C.v�CA 7U9� TrLUQcpt ; ZL L Claimant L- s ( 1 2 drm� , who is located at _ P • o.3d t l 3(41 Has performed labor and /or furnished material§ for a work of improvement located at 1 The labor and /or materials furnished by the claimant are of the following general kind: X'\L 1 � pro, ir11 - --- -.- c 1 - - - - The labor and /or materials were furnished to /for the following l7r -}l-Z. V ✓�. J'OkaI� ( Ol i'I C\ (.�•:> -r7. e-.1 e0.c� z6� 3 LL) I/ Total value of the whole amount of labor and materials agreed to be furnished: ... % Ilby The value of the labor and materials furnished to date...... 3... S - tO 3 y (,j I. /f 0 Claimant has been paid the sum of ............................ ............................... $_ Due, owing and unpaid is the sum of ............................ ..............................$ You are required to set aside sufficient funds to satisfy this claim with interest, court costs, and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction fund for this project which are in your hands. vERIIFICATION I, the undersigned, say: I am the LUIS L'<AICC rax 0 Cuss017CW the claimant named in the foregoing Stop Notice. I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on a l /20 tt 0 at W-0 4wt0 ✓A), California. Date 5 I% I D Signature Copies Sent To: City Council City Manager City Attorney —T File Proof of Service of Stop Notice I, �VIS La I wIIk O r U.504- LYW 7 declare that I served copies of the above stop notice on: 3 _ 15 _ L o O (Lender) 3 s personally delivering a copy to Owner at _ 06C /U t) 2Cu /�r 6e" O Lender at O By First Class Certified or Registered Mail service, postage prepaid, addressed to: ❑ Owner at 6 on IE 20�. ❑ Lender at on Verification [CCP§ 446] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, this 15 day of it4 ad, at California. Signature RELEASE OF STOP NOTICE OR NOTICE TO WITHHOLD FUNDS To: City of Newport Beach (Public Body or party whom Sfop Notice or Notice to Withhold was filed) 3300 Newport Blvd Newport Beach CA 92663 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice or Notice to Withhold dated April 21, 2010 in the amount of $_ 16,475.69 against City of Newport Beach as owner or public body and Ortiz Asphalt Paving Inc as prime contractor in connection with the work of improvements known as Balboa Blvd. Pavement Rehabilitadon _ in the City of Newport Beach County of Orancee State of California. Dated: 8/18/10 ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Los Angeles jSS On August 18 2010 before me, Tracy Sooc, Notary Public personally appeared Van Nguyen , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) _� TRpCY SOOC COMM.# 1608694 N Norunwt UG.Mronxu Los aaonea Counry My COON. Eu. AiRE 28, 2012.•• (This area for official Notary Seal) RELEASE OF STOP NOTICE OR NOTICE TO WITHHOLD FUNDS To: City of Newport Beach (Public Body or party whom Stop Notice or Notice to Withhold was riled) 3300 Newoort Blvd. Newport Beach, CA 92663 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice or Notice to Withhold dated April 21, 2010 in the amount of $ 16.475.69 against City of Newport Beach as owner or public body and Ortiz Asphalt Paving, Inc. as prime contractor in connection with the work of improvements known as Balboa Blvd. Pavement RehabilitLtion _ in the City of Newport Beach County of Orange State of California. ofi*d: 8/18/10 Copies Sent To: ((( City Council City Manager City Attorney File ✓ FW By: ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Los Angeles }SS On August 18, 2010 before me, Tracy Sooc, Notary Public personally appeared Van Nguyen ,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Sea!) TRACY SOOC weComm.# 1804694 NOTARY PISUC- CALIFORNIA N LOS ANODES COUNYY MY CONY, ENr, JUNE 18,1012 " (This area for official Notary Seal) California Professional Engineo -ing, Inc. License No. 793907 ' Stop Noti�CEl� /ED CALIFORNIA CIVIL CODE S$ffl al NOTICE TO IV C 1-I- \I� I I � 0 (Nameu nrr,ct n r, u Bo or _ m t )f+ to If Private Job , s' = I•! :'?,; BEACH M0C)C) 1 1 file with responsible officer or parson at office o nbh of construction lender edministMnit �;_ N the construction funds or with the owner — CIVIL CODE SECTIONS 3158 • 3175) (1f Public Job — file with, office of controller, auditor, or other public disbursing officer whose duy It is to make �O :3 Payments under provisions of the oo Uact —CIVIL CODE SECTIONS 3178 - 3414) N -4 /� L L O DC O rime Contractort— `��IIZ _ SI ``lg11 Dn,ja 1�IL 4 �s Sub Contractor (11 Any) Owner or Public Body:. (1I I 'C)F- NF y,` ,7- j �'- EAs:'A ,: , 1, � . - Improvement known as In the City of -- - /Vla lvrL2jKT `,C 14 (,H State of Calito6la, . CaldoFM Profea bnei Engineering , -INC, Mlclmant) County of AA Aj cr& Claimant,a eP1!?)Pf7- 10, ICorpaMfWn /ParinertAtp /see Pr__Net O/, furnished certain labor, service, equipment or materials used in the above described work of Improvoment. The name of the person or company by whom claimant was employed or to whom claimant fumished labor, servict, equipment, or materials Is it -l4 1 it n v' ( amtC_ u Cpnfraclor/ Cnlrocfor /Ours. R,dld .i The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was � 5 F cn d zz Total value of labor, service, equipment, or materials agreed to be furnished , . , . , , , t; 5 n C Total value of labor, service, equipment, or materials actually fumished Is ... , , ... , , S 175 Credit for materials returned, it any . , ; . , , , , , , , , S Amount paid on Recount, if any ............. . ................................... i�_ Amount due after deducting all Just credits and offsets ................. . . . . . . . . . . . C YOU ARE HEREBY NOTIFIED to withhold sufficient to meld by you on the above described project to satisfy claimant's demand In the amount of s //, • / to cover Interest, court costs and reasonable costs of It1 'fir � r / and In addition thereto sums sufficienr n 4Von, u provided by laws. A bond (CIVIL CODE SECTION 3083 A07— — (Waror attached. (bond required with Stop Notice served on oonttruction lender on private Jobs — bond notrequ(red on pubLc fobs or on Stop Notice served on owner rn private Jobs). Date —�l Name of Claimant C_.. -. -C 1"a Pro Engineering By (n,anolurr) bFFi(..-C /�f�f�dll�i�11Z F? VERIFICATION (Oftwia) Cap &fv) r�s I, the undersigned, stater I am the Graf E.pRL the claimant named in the foregoing Stop Noticed have ready said �dnf 01-o wA Partner pf of.. 0M.) clalm of stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (ordeclare) under penalty of perjury under the laws of the State of Callfo to that the foregoing is true and correct. Executed _9n/ #L2f1aC;IU State of L , +fR%afurC of Cai TOnf pr Aurh o.t.rd w„�..,, f CALIFORNIA PROFE,'!iSIOINAL ENGINEERING 9316 MABEL AVE. _S EL MONTE, CA 91733 Phone:(626) 452 -8658 Fax:(626) 448 -0470 ORTIZ ASPHALT PAVING CO. P.O BOX 883 COLTON, CA 92324 Date 12/23/2009 INVOICE # 09 -1381 JOB No, BKO -127 ITEM # DESCRIPTION LOCATION QTY UNIT PRICE AMOUNT 14 REMOVE AND REPLACE NEW PULL BOX TO BALBOA BLVD. 25 400.00 10,000.00 GRADE CITY OF NEWPORT BEACH TOTAL DUE THANK YOU FOR YOUR B US /NESS TERMS: DUE & PAYABLE IN 30 DAYS UPON COMPLETION; 1.5% MONTHLY INTEREST WILL APPLY THEREAFTER. $10,000.00 CALIFORNIA PROFESSIONAL ENGINEERING 9316 MABEL AVE. S EL MONTE, CA 91733 Date 1/13/2010 Phone:(626) 452 -8658 Fax:(626) 448 -0470 INVOICE # 10- 1381TM2 Bill To: -, JOB No. BKO -127 ORTIZ ASPHALT PAVING CO. P.O BOX 883 COLTON, CA 92324 ITEM# DESCRIPTION LOCATION QTY UNIT PRICE AMOUNT' Y T &M TICKET #2 BALBOA & 34TH ST 1 - - 742.07 742,07 CITY OF NEWPORT - - BEACH �ro I TOTAL DUE $742.07 TIIANK YOU FOR YOUR BUSINESS TERMS: DUE & PAYABLE IN 30 DAYS UPON COMPLETION; 1.5% MONTHLY INTEREST WILL APPLY THEREAFTER. CALIFORNIA PROFESSIONAIL ENGINEERING 9316 MABEL AVE. S EL MONTE, CA 91733 Phone:(626) 452 -8658 Fax:(626) 448 -0470 Bill To: ORTIZ ASPHALT PAVING CO. P.O BOX 883 COLTON, CA 92324 Date 3/5/2010 INVOICE # 10- 1381.1 JOB No. BKO -127 ITEM # DESCRIPTION LOCATION QTY UNIT PRICE AMOUNT 22 REPLACE TRAFFIC SIGNAL DETECTOR LOOP BALBOA BLVD 24 139.00 4,536.00 CITY OF NEWPORT BEACH Y 4 TOTAL DUE $4,536.00 THANK YOU FOR YOUR B USLVESS TERMS: DUE & PAYABLE IN 30 DAYS UPON COMPLETION; 1.5% MONTHLY INTEREST WILL APPLY THEREAFTER. w I CALIFORNIA PROFESSIONAL ENGINEERING 9316 MABEL AVE. S EL MONTE, CA 91733 Phone:(626) 452 -8658 Fax:(626) 448 -0470 Date 1/12/2010 INVOICE # 10- 1381TM1 Bill To: JOB No. BKO -127 ORTIZ ASPHALT PAVING CO. P.O BOX 883 COLTON, CA 92324 ITEM # DESCRIPTION LOCATION QTY UNIT PRICE AMOUNT X T &M TICKET 41 BALBOA & 40TH ST 1 1.,197.62 1,197.62 CITY OF NEWPORT BEACH TOTAL DUE THINK YOU FOR YOUR BUSINESS m TERMS: DUE & PAYABLE IN 30 DAYS UPON COMPLETION; 1.5% MONTHLY INTEREST WILL APPLY THEREAFTER. $1,197.62 To: Release of Stop Notice You arc hereby notified that the undersigned claimant releases that certain Stop Notice dated l C�� 1 �OI in the amount of $ t� / I O against as owner or public body as prime contractor in connection with the work of improvement known as 1Zehc�\\\VONA() l CC in the city of ey oDYT ,b , County of )T n 'C— State of California. J. Date l S Name of Claimant: Nana- &� \j j�� \ ��`%�e By: LlC1Cnn a �G (�f 61 N (AN GhGGP\' VERIFICATION I, the undersigned, state: I am the l DAB 6-e Y of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge . i certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ` Executed on )Al at OY(A\'1 Cc Stateof 0( -' 0ynY a �, �/ August 5, 2010 Mr. Andy Tran City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92663 RE: Project: Balboa Blvd. Pavement Rehabilitation (C -4144) Contractor: Ortiz Asphalt Paving, Inc. Dear Mr. Tran: Please release the Stop Notice on the subject project. Ortiz Asphalt Paving, Inc. has paid for the work performed. Truly, `n Brittany Patterson Credit Manager To: Release of Stop Notice �10 AUG -9 PM 4 31 THE CI T Y CLERK You are hereby notified that the undersigned claimant releases that ccrtai@l Jdp --74 i n RT EACH datedNV01 kC�ra0i`) in the amount of$ 97 19,03 against as o%vner or public body as prime contractor in connection with the work of improvement known as CC -y1yL1 in the city of I\�e \tt11��Tt't�C� County of Y Yl , State of California. Date: S 10 Name of By: Py *-on A PcA k,-,�m` 6N Aanaa y VERIFICATION I, the undersigned, state: I am the l o`Y 61 e'� of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and 1 certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. yy� ``� Executed on Vit��15T ( !Z)t at OYCAYI nC State of // Date to Copies sent o: -� F e August 5,2010 Mr. Andy Tran City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92663 RE: Project: Balboa Blvd. Pavement Rehabilitation (C -4144) Contractor: Ortiz Asphalt Paving, Inc. Dear Mr. Tran: Please release the Stop Notice on the subject project. Ortiz Asphalt Paving, Inc. has paid for the work performed. Truly, Brittany Patterson Credit Manager o Nr A G C g,Me,.` STOP NOTICE CALIFORNIA I IPUBLIC WORK W e t n 3103, Section 3179, at seq.) TO: City of Newport Beach 2010 MAY 21 pp fir (See Service Note) 3300 Newport Boulevard NewporiCFi h, CA 92663 Balboa Boulevard Number 44a-1 PROJECT: Rehab ESPL 5151(024) (Name and Location of Project and Project Orange County Striping Service, Inc. 183 N. Pixley Street (Name and address) Orange, CA 92858 has furnished Services ( Labor /sewices/equipmenVmate(al) of a kind described generally as (Description of type of work or material) for the benefit of /at the request of: S 0 Ortiz Asphalt Paving, Inc.P.O. Box 883 Colton, CA 92324 S 'E (Name of person to or for whom same was furnished) IZNT.02 for the public work of Improvement described as the Project above. CL The value of the whole agreed to be done or turn ished by claimant is $ 2 7 r 91 8 , 0 8 The value of that already done or furnished is $ 27 , 91 8 . 0 8 . Claimant has been paid or credited with the sum of VV zero ,and there remains due and unpaid the sum of $ 27,918. O 8 plus Interest at the rate of th.— legal rate per year from May 19, 201 Q, 19_ Pursuant to Civil Code section 3186, It is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authorlty, money or bonds (where bonds we to be issued in payment for the work of Improvement) due or to become due to such contractor In an amount sufficient to answer the claim stated In this Stop Notice and to provide for the reasonable cost of any litigation thereunder. Dated May 19 2 a Orange County Striping Service, Inc. (Name of Claimant) Glen Heiman, Controller ignal re of Claimant or Agent) (Tale) VERIFICATION I, the undersigned declare; I am the Controller or Orange County Striping Service,) Inc. (Title) (Name of Claimant) the claimantnanned In theforegoing Stop Notice; lam authorized to make thisverification In behalf of thecialmant; l have read theforegoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. Executed at OaNriaE California, on M Pir -1 1 "1f ZO (D . I declare under penalty of perjury under the laws of the State of Clifornla that the I9 eAmrrg is true and correct (S nature of individual whb'GerifiEs the contents of the Stop Notice) t�1J NLWI MAIM e,oAJTY2 -D NOTICE TO CLAIMANT: If the claimant pays two dollars ($2.00) to the public entity at the time of filing the slop notice, the public entity must give notice of completion, cessation of labor deemed to be completion, or acceptance of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notice be filed with the director of the department which let the contract, if the public work is for the State. In the case of any other public work, the statute requires that the stop notice be filed In the office of the controller, auditor or other public disbursing officer whose duty It is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom the contract was awarded. NOTE: This document has Important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form Is intended to meet the requirements of California law as of October 1, 1991. © Associated General Contractors of California, Inc. 1993 8183 Form AGCC -20 Pp06E C4UNT of r STRIPING SENYICE NO CA Contractor's Ucense #346095 183 N. PIXLEY STREET • ORANGE • CALIFORNIA 92868 • PHONE (714) 639 -4550 • FAX (714) 639 -6353 or 639 -2608 May 19, 2010 Andy Tran, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Principal: Ortiz Asphalt Obligee: City of Newport Beach Project: Balboa Boulevard Number 4144 Pavement Rehab Amount Due: $27,918.08 Dear Mr. Tran: Orange County Striping Service, Inc., performed work for Ortiz Asphalt on the project stated above and has received payment for that work. Please find enclosed a stop notice for the amount owed. Please "time stamp" the copy enclosed, and return it to me in the envelope provided. Additionally, please provide the payment bond information, including the bond number for the project. Truly, Jill Ziegler Credit Manager 'tpcmwy� va �Ca A G C � ° <Mrw ^s STOP NOTICE �1�PUBLIio WORK CALIFORNIA(6wil a ct" n 3103, Section 3179, et seq.) City 2010 M4Y TD: y of Newport Beach 21 (See Service Note) 'V 3300 Newport Boulevard Newporf¢,1 h, CA 92663 (A -1 — MA PROJECT: �, Balboa Boulevard Number A4" V Cp't t Rehab ESPL 5151(024) - (Name and Location of Project and Project Claimant Orange County Striping Service, Inc. 183 N. Pixley Street (Name and address) Orange, CA ,9,2;8678 has furnished Services (Labor /services /equfpmenVmaterial) of a kind described generally as (Description of type of work or material) for the benefit oflat the request of S Ortiz Asphalt Paving, Inc.P.O. Box 883 Colton, CA 92324 :-.r c (Name of person to or for whom same was for the public work of improvement described as the Project above. The value of the whole agreed to be done or furnished by claimant is $ 2 7 , 91 8 . 0 8 27 The value of that already done or furnished is $ , 918.08 Claimant has been paid or credited with the sum of I® E V 1 Uu, zero , and there remains due and unpaid the sum of $ 2 7 , 91 8 . 0 8 plus interest at the rate of th C, le ga 1 rate per year from May 19, 2010,19_ Pursuant to Civil Code section 3186, it is your duty upon receipt of this Slop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Notice and to provide for the reasonable cost of any litigation thereunder. _. Dated May 19 2 1a a fSignafire of Claimant or Agent) I, the undersigned declare; Orange County Striping Service, Inc. (Name of Claimant) , Glen Heiman, Controller (Title) VERIFICATION I am the Controller of Orange County Striping Service (Title) - (Name of Claimant) the claimantnamed in the foregoing Stop Notice; I am authorized to make this verification in behalf of the claimant, I have read the foregoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. Executed at D af- ' 1Vf:f. E , California, on M R _1 1 11 I declare under penalty of perjury under the laws of the St of C lilornia the /tgthe f fego�in7g its truce and correct. (S' nature of individual wh erifi s the contents of the Stop Notice) 1�1J 1-4919 AIVi !ON 712A LL�12_ NOTICE TO CLAIMANT: If the claimant pays two dollars ($2.00) to the public entity at the time of filing the stop notice, the public entity must give notice of completion, cessation of labor deemed to be completion, or acceptance of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notice be filed with the director of the department which let the contract, if the public work is for the State. In the case of any other public work, the statute requires that the stop notice be filed in the office of the controller, auditor or other public disbursing officer whose duty it is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom the contract was awarded. NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California low as of October 1, 1991. © Associated General Contractors of California, Inc. 1993 8/83 Form AGCC -20 Inc. CA Contractor's License 8346095 183 N. PIXLEY STREET o ORANGE o CALIFORNIA 92868 o PHONE (714) 639 -4550 o FAX (714) 639 -6353 or 639 -2608 May 19, 2010 Andy Tran, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Principal: Ortiz Asphalt Obligee: City of Newport Beach Project: Balboa Boulevard Number 4144 Pavement Rehab Amount Due: $27,918.08 Dear Mr. Tran: Orange County Striping Service, Inc., performed work for Ortiz Asphalt on the project stated above and has received payment for that work. Please find enclosed a stop notice for the amount owed. Please "time stamp" the copy enclosed, and return it to me in the envelope provided. Additionally, please provide the payment bond information, including the bond number for the project. Truly, Jill�tiegler Credit Manager REr,FI\/ED 1110 JUN 10 "M9�40 Off HCE OF RELEASE OF STOP NOTIMT CiN CLERK CITY 0= ='st CRT B' H TO: City of Newport Beach (Construction Lender, Public Entity or Owner) 3300 Newport Blvd. Newport Beach, CA 92663 (Address) YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Notice dated June a, 2010 in the amount of$ 17,875.00 against city of Newport as owner or public body and Imperial Paving Co., Inc. as prime contractor in connection with the work or improvement known as Corona Del Mar Street Rehabilitation Phase 2 the City of Newport County of orange State of California. Name of Claimant: EBS UTILITIES ADJUSTING, INC. (Company name) Address: 1320 E. SIXTH ST #100 CORONA CA Telephone: 951- 279 -6869 By: rr�� 1 (Signature) Dated: ,IL( . 9 , 20IC) Joseph Nanci, President (Type name and title) VERIFICATION I, the undersigned, state: I am the President of the claimant named in the foregoing (Title) Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 9 , 20 10 1 at Corona State of California Signature of Claimant or Aulhorized Agent Date (P ' to • W Copie Sent Tp City Manager TFug Attorney ACKNOWLEDGMENT State of California County of Z (C(Sfdt ss. On TUVU 9 . fW before me, TCSSICLQ NavfQr(D Notary Public, personally appeared J OS —In N C1 rG i 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 histher /their authorized capacity(ies), and that by his /her /their signatures(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. re Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known Paper Identification _Credible Witness(es) JESSICA NAVARRO COMM. #1861014 = a Notary Public - California o Riverside Ox Comm. Expires Aug. 13, 2013 OPTIONAL INFORMATION Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. NU'[7C13 RECEIVED Stop Notid'Y C:iL.tFOR \�,\ C1tiT1.00Qlz s1:r. 19oN 3105. 11-t'L= City of Newport Beach, 3300 New DVE 4CFf JA 351 Cif private Job - file With msporsNe officer or person it office or branch of construction lender administering the con - sattction foods or with the owner - CIWI- CODESEMONS3156 3175) UTECOF (If Public Job file Willi of tee o''col.tro le avartgr, or ld .., -nubli dtsbur- >ing,oft ?cer N•nes�'dUttiL��'i tra�tt Payments antler provis!uns of [he convnc� - CIVIL CQDE SLCTiONS 3179 - 3211) CITY [1.: _,; ^; OR,T RE A( 11 { Prime Ctai ractor._Imperial Paving CO., Inc. 10715 Bloom field Ave, Santa Fe Springs, CA 90670 Sub Contractor: (If Any):___ Owner or Public FBody: City of New Beach, 3300 Newport Blvd Newport Beach CA 92663 If:)nroYt.ITFCnti ; nG.wn . aS._ Corona Del Mar Street Rehabilitation_ Phase 2, Nex`port_Beach _ Gnui,y of. Orange ,State of Cafor,:ia. _ EBS UtilitiesAdjusrin _rnc. -- _ Gai.aail[.a Corporation fu'm� isl c min lab:0 _ service. MAri icau. or ma 2criafs usbd in the above described work o` imprgVt;tnela Trt, name o.F the person it ccrnpany by whoot chumaut was employed otro whorn clahiolot furnished Inner, scroity. Cquipn:cot; or :nalcria95is?mperial Paving Co., Inc. _T Me kind of labor, or materials Nreished.oragrced ri, a= inrd4ted b9 cUivianh was: Provided labor & materials for watervalves boxes, sewer clean outs, survey monuments, and storm drain manholes ._ S 17,875.00 Total value of lnbor, service, ice, cqu;t.[atenE. or materials agreed furnished .............. Teal value of labor. service, enuipn:cnt, or matciiais ecturily Tarnished is .................. S 17,875.00 _ Credit for materiaisremmed, if any ................ ............................ .......... ......... A.mouut paid all aocouai, iferly- ....................... ...............:...... ..................... .S 0.00 Amount due after deducting all just credits and of( se!. e ............ ............................... S 17,875.00 YOU ARE HVTUkBY NMIFWD to wlithhold sufficient monies - held by you on the above described pwjectit) snusPe claimnrt. s demand in the amount of S_ 17 875.00 _„_J_ and in adii lion t'ncrcto sums suffirrenh;t; oCVSr. Interest court cosrs and reasonable coats of litigation, as n.7pvidd by law. A braid (CIVIL CODL-" SECTIQr<30831 is not attached: - (Bond required with Stop Notice served on construction londecon privatc.jobs -bond no,, required . on public jobs or on Stop Notice served on owner on pova;e jobs). i I yf Dares ,� `1 EBS Utilities Adj sting, Inc. un� �� Nan:e�ofGiairn,:nt: ^. Joseph Nanci VERIFICATION 1. tire undersigaed,state: I ant the _,_President __or the clauaarat namedin the, fore oral;: Slot) tiotCre, [ have sae3 said cisiru of Sion 'Notice end know the contents thereof: and T certify ohac the same is true c( °mv= ow n knowlodge. l certify (or declare) under penalty Of perjury under the laws of [he:Stauc of Cati(ooiia that chi f rrog mg ix true Ind correct. Executed. on June 4, 2,010 at Corona State of Califilmil. Z:�= lwt FST FOR NOTICE OF EuC` ,10\ (Private Work's Only) If an election is trade tint to withhold fun& pursuant to ibis Slop - Notice by nea co of s payHem bond having U�-.an recorded in acconiarce with Sections 3235 or3lG2; please Reed notice ofsuch election and a Copy of the bond vithin 30 days of such clectior: Ill die unclosed,preii dressed staniNd rnvelope'.to the addn:ss of the 6:i1mant.shm ii a`,ove. This.iofarri burl mist be provid id b; yea under Civil Code Sections 3159:3 -W or. 3162 / /r r // n City Councfl City Manage City Mooney EBS UTILITIES ADJUSTING, INC. 1320 E. SIXTH ST., SUITE 100 CORONA, CA 92879 (951 )279 -6869 Sold to IMPERIAL PAVING 10715 BLOOMFIELD AVE. SANTA FE SPRINGS, CA 90670 Invoice: 1081 Ship to CORONA DEL MAR STREET REHAB PHASE Ii NEWPORT BEACH IMP #90013 Account P.O. Num Ship Via Ship Date Terms IMPERIAL Net 30 Item Quanti Description 0 CONTRACT NO. 90013 -0216 16 EA ADJ SEWER & STORM DRAIN MANHOLES 40 EA ADJ WATER VALVE BOXES 1 EA ADJ SEWER CLEANOUT 6 EA ADJ SURVEY MONUMENT 0 ADDITIONAL ITEM 2 EA ADJ METER BOX Invoice Date Page 3%31/10 1 Unit Extended Price Price 0.00 0.00 275.00 4,400.00 275.00 11,000.00 275.00 275.00 275.00 1,650.00 0.00 0.00 275.00 550.00 Subtotal 17,875.00 Retention - 1,787.50 Total $16,087.50 Led` Qs EQ. aseCConstructionOFunds (California Civil Code Section 3083, 3186) TO OWNER 2010 APR 20 AM 15� I,7Q O GENERAL OR PRIME CON'rRAC' "OR. CITY OF NEWPORT BEACH __ ORTIZ ASPHALT PAVING, INC. 3300 NEWPORT BLVD OF, ICE OF P.O. BOX 883 NEWPORT BEACH, CA 92663 THt C!TY CLERK COLTON, CA 92324 n „Dn�T BEACH FROM STOP NOTICP:. CLAI:MAN[9T •`' `�� TO LENDER, SURETY OR BONDING COMPANY TRENCH SHORING COMPANY 636 E. ROSECRANS AVENUE Los Angeles, CA 90059 The undersigned hereby withdraws and releases the Stop Notice filed or, 03/30/2010 with the following owner(s) or reputed owner(s): CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD, NEWPORT BEACH, CA 92663 for claims against ORTIZ ASPHALT PAVING, INC., P.O. BOX 883, COLTON, CA 92324 . The claimant has been paid the amount of $532.00 for labor, services, equipment, materials or for service charges performed or furnished for the performance or construction of the public work of improvement commonly known as the ( #BKO127) CITY OF NEWPORT BEACH project, located at BALBOA BLVD. & 25TH STREET, NEWPORT BEACH, CA , in the County of . The specific contract information is for Our Job /Invoice #BK0127. The undersigned also hereby releases from the above its subdivisions and -agents, any further duty and civil. code of the State of California to withhold response to the Stop Notice and waives any right that might accrue thereunder. Dated 04/08/203.0 for TRENCH SHORING COMPANY, 636 E Angeles, CA�90055.,-�, Prepared !,e:SIAR A. TC said public entity anc ar. section 31.86 of the money or bonds i.n of action against them ROSECRANS AVENUE, Los I declare that I am authorized fil This release of Stop Notice on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under, penalty of perjury t at- t foe!goi is true and correct. Executed at Los Angeles, Californi on 94101r1, TRENCH SHORING COMPANY. Prepared by: � LESLIE A. TURPIN, Date Copies Sent To: City Council —� CitY City ttomey . —Z File RECEEVED STOP NOTICE - PIIBLIC WORKS PROJECTS 2010 APR -6 AM $: 34 (California Civil Code Sections 3103, 3181 -3187) TO THE ORIGINAL CONTRACTOR OR TO TIDE_„ OTC AGENCY: REPUTED ORIGINAL CONTRACTOR: r CIT36 ,i��' RT BEACH 1 SK ORTIZ ASPHALT PAVING, INC. B OR�r �' 6 30 NEW O P.O. BOX 883 NEWPORT BEACH CA 92663 COLTON,CA 92324 TO THE LENDER /SURETY /BONDING COMPANY: TO THE CUSTOMER OR BUYER: ORTIZ ASPHALT PAVING, INC. _ P.O. BOX 883 COLTON, 92324 r Co i 0 CU PLEASE TAKE NOTICE THAT TRENCH SHORING COMPANY has a claim in connection I m with the public work known as ( #BK0127) CITY OF NEWPORT BEACH project, �--- — UUUii , located at BALBOA BLVD. & 25TH STREET, NEWPORT BEACH, CA. N 0) O) 'Q The specific contract information is for Our Job /Invoice #BK0127. The claimant furnished the following kind of labor, services, equipment, materials or service charges: EQUIPMENT RENTAL. The name of the party to whom the material was furnished or supplied, ox for whom, the labor was done or performed, is ORTIZ ASPHALT PAVING, INC., P.O. BOX 883, COLTON, CA 92324. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was $532.00. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $532.00. That such claim has not been paid in full except that there has been paid against the balance due the sum of $532.00. The unpaid balance is now $0.00,including service charges or interest at the rate of 0.00016 per annum. To the unpaid balance due of $0.00, please add anticipated service charges, interest, court costs and attorney fees of $500.00. WHEREFORE, the claimant prays that the public entity, upon receipt of this stop notice, withhold from the original contractor, or from any person acting under his authority, money due or to become due to such contractor in an amount sufficient to answer the claim stated in such stop notice and to provide fof\the reasonable cost of any litigation thereunder. Dated 03/30/2 10 to cl Ja/ ENCH SHORING COMPANY, 636 E. ROSECRANS AVP:NUE, Los Angeles, 9 Prepared by: _ n i LESLIE A. TURPIN, CREDIT MANAGER VERIFICATION I declare that I am authorized to file this Stop Notice on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Los Angeles, California on 03/30/2010 for TRENCH SHORING COMPANY. AFFIDAVIT OF SERVICE BY MAIL I declare that I served a copy of the above document, and any related documents, by (as required' by law) first - class, certified or registered mail, postage prepaid, or other, certified delivery, addressed to the above named parties, at the addresses listed above, on 03/30/203.0. I declare under penalty o erjury that the foregoing is true and correct. Executed at Los Angeles, California on 03/30t 20101 1 .1 41 By: _ v — V V LESLIE A T PIN, CREDIT MANAGER PfIXT1116) V61 OFFICE OF THE CITY CLERK Leilani L Brown, MMC August 31, 2010 Mr. Bruce Ortiz Ortiz Asphalt Paving, Inc. P.O. Box 883 Colton, CA 92324 Subject: Balboa Boulevard Pavement Rehabilitation (C -4144) Dear Mr. Ortiz: On April 27, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 4, 2010, Reference No. 2010000210711. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0505237. Enclosed is the Labor & Materials Payment Bond. 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 Executed in Four Counterparts CITY OF NEWPORT BEACH Bond #0505237 PUBLIC WORKS DEPARTMENT Premium included in Performance Bond BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 BOND NO. 0505237 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Ortiz Asphalt Paving, Inc., hereinafter designated as the "Principal," a contract for construction of BALBOA BOULEVARD PAVEMENT REHABILITATION, Contract No. 4144 in the City of Newport Beach, 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. 4144 and the terms 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, International 11clelity Insurance Company duly authorized 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 Eight Hundred Seventy -One Thousand and 001100 Dollars ($871,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. m The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fife claims under Section 3181 of the California Civil Code so as to give a right of action to there 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 speciricalions. 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 udder mis bonu. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3,,0tth day of September , 200 . Ortiz Asphal Paving, Inc. (Principal) Authorized Sig ure/Titl International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Parkway #270 San Diego, CA 92128 Address of Surety (858) 513 -1795 Telephone Authorized Agent Signature LS Pamela McCarthy, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH COidTRAC T06i .�VD S�Df�ETY MUST BE ATTACHED 50 CALIFORNIA ALL- PURPOSE ACKf . -)GEMENT State of California ` ss. County of San Bernardino /) On September 30, 2009 before me, Cynthia J. Young Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy Name(s) of Signef(s) JrACJf�a CM 1806614 E W-NOTAORYFU�L!C-CALIFORNIAK z SAN BERNAROINO COUNTY My Comm. Expires July 15, 2012 CYNTHIA J. YOUNG who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si Vtu�r.lf Njp.blk 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 Docu Document Date: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer O Partner -- O Limited O General • Attorney -in -Fact • Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here State of California County of On (SkL�C__ before me, S. D I personally appeared V4, who proved to me on the basis of satisfactory evidence to be the persono whose nai the within instrument and acknowledged to me that�She /they execut d the same it capacityO, and that byOher /their signature( on the instrument the persol s), or which th perso) acte executed the inst nt. subscribed to ;ir authorized entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and official seal. of Notary Public S.OWENS COW # 1847334 NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUN, t (gcal) �MM, ENPIRES MAY 2. 2m- ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORDO Any acknowledgment completed in California must contain verbiage exactly as appears above in the notay section a a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califonvia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document carefully far proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect farms (i.e. he /she /tkey- is lire ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary .seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, m -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure (his acknowledgment is not misused or attached to a different document. hidicate title or type of attached document, number of pages and date. indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 pr-- ,n{:.41 in nffi( 1A Re( oilrN orange County T.,... D,lly, CIai A -Re. wdel q,.114 ()i-)/04/ 10 hJ409Nt2 1 „:,r;0 1000 00()000000()()00() "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Ortiz Asphalt Paving Inc., of Colton, California, as Contractor, entered into a Contract on October 13, 2009. Said Contract set forth certain improvements, as follows: Balboa Boulevard Pavement Rehabilitation (C -4144) Work on said Contract was completed, and was found to be acceptable on April 27, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. Vforks Director Newport Beach v ERIFiCATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /�f�l LIV �1 b at Newport Beach, California. BY 44A4h City Clerk n �rn C? i, 1 N O 0 3 a 3 O r' if I-n 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. ° April 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, Senior Civil Engineer 949 - 644 -3315 or atran @newportbeachca.gov SUBJECT: BALBOA BOULEVARD PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4144 Recommendations: Accept the completed work and authorize the City Clerk to file a Notice of Completion. 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. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract Time (days) Award Amount Completion Target Actual Time (days) Under ( -) or Over + $871,000.00 $904,860.58 Contract Contract 50 +13 +10% +3.9% Discussion: On October 13, 2009, the City Council authorized the award of the Balboa Boulevard Pavement Rehabilitation project to Ortiz Asphalt Paving, Inc. The contract provided for the cold milling and overlaying of the asphalt pavement. It also includes removal and reconstruction of deteriorated concrete sidewalks, curb and gutters, driveway approaches, cross gutters and curb ramps. Construction was funded entirely by the federal American Recovery and Reinvestment Act (ARRA) 2009. ARRA also funded the material testing efforts as well as a portion of City staff time for construction management and inspection. The contract is now complete and a summary of the contract cost is as follows: / -,.-., - - ' s NV Ur - -- Original bid amount: Actual amount of bid items constructed: Total amount of change order: Final contract cost: i Balbud Boulevard Pavement Rehabilitation Contract No. 4144 - NOC April 27, 2010 Page 2 $871,000.00 $880,967.58 $23,893.00 $904,860.58 The minor increase in the actual amount of bid items constructed over the original bid amount was primarily due to the additional asphalt concrete needed on the project. The final overall construction cost, including one change order, was 3.9% percent above the original bid amount. The Change Order in the amount of $23,893 was for the removal and reconstruction of concrete median noses at seven locations in order to comply with the American with Disabilities Act (ADA) requirements. A summary of the project schedule is as follows: Estimated completion date per July 2009 Master Schedule: January 29, 2010 Project award for construction: October 13, 2009 Completion date per contract: February 16, 2010 Actual substantial construction completion date: February 19, 2010 The actual completion date was delayed due to the additional time needed to complete the change order work as described above. In addition, the contractor was also allowed additional working days due to the inclement weather we experienced for the months of December, January, and February. The quality of the work performed by the contractor was an ongoing concern and City staff exhausted a significant amount of time meeting with this contractor throughout the course of construction. Upon completion of several concrete improvements, staff met with the contractor on November 17, 2009 to specifically discuss issues related to poor concrete workmanship and lack of quality control. A formal letter was issued on January 25, 2010 detailing staff concerns. Consequently, the rejected concrete improvements have been removed and reconstructed at the contractor's expense. During the first day of the paving operation, staff again discussed our concerns with the contractor regarding pavement smoothness and rideability upon completion of paving. On February 24, 2010, staff issued another formal letter to notify the contractor of our concerns regarding the quality of their work. We discussed potential corrective measures with the contractor and collectively agreed that attempting to improve the pavement smoothness and rideability may introduce additional imperfections. Furthermore, it will cause additional traffic impacts to the adjacent community and may create a negative aesthetic effect. Toward the end of the project, staff received several Stop Notices from various subcontractors. Per applicable portions of the Civil Code, 125% of the total Stop Notice amount will be retained until the City receives official Stop Notice Releases for corresponding subcontractors. I BalL__ Boulevard Pavement Rehabilitation Contract No. 4144 - NOC April 27, 2010 Page 3 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines. , This exemption covers the repair, maintenance and minor alterations of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Funding Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction Material Testing — GMU Geotechnical, Inc. Design (Striping Plans) Inspection Incidentals Total Project Cost $904,860.58 $26,693.94 $6,500.00 $6,555.00 $587.88 $945,197.40 Funds for the construction contract were expended from the following accounts: Account Description Contributions (ARRA) Prepared by: Andy Traffi Senior Civil Engineer Attachment: Location Map Account Number Amount 7251- C2002031 $904,860.58 Total: $904,860.58 Submitted by: COAST HIGHWAY D 5 9 Y� o O oo D m O ao a oO�oo D �y O D 9Re v 00� � O O O 0 00 m O � E PROJECT �O LOCATION C� ✓� m O - O �m a BALBOA BOULEVARD PAVEMENT REHABILITATION CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC April 28, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for the following projects: • McFadden Square Phase II (C -4365) • Balboa Boulevard pavement Rehabilitation (C -4144) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincere , 0 \ A �. �m 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 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 Ortiz Asphalt Paving, Inc., of Colton, California, as Contractor, entered into a Contract on October 13, 2009. Said Contract set forth certain improvements, as follows: Balboa Boulevard Pavement Rehabilitation (C -4144 Work on said Contract was completed, and was found to be acceptable on April 27, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. .I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on I V ZorD at Newport Beach, California. BY 4.- f ✓VUYY� City Clerk ORANGE COUNTY STRIPING SERVICE, INC. 183 North Pixley Street Orange, California 92868 ORANGE COUNTY STRIPING SERVICE, 183 North Pixley Street Orange, California 92868 IIVi!19VVIIIIIIII IVVIINII / z91 • � PITNEY BOWES 7008 1300 0000 6647 7582 0� %0pD �eGC�1 Andy rGn 3�cb IACW �ock �sfcch en gab65 • 02 1P $ 005.54° •0003890201 AUG 05 2010 MAILED FROM ZIP CODE 92868 IIIII,_!IIIIIII1,II11fIIIIII IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIiIIII��IYI^I�M'IYIi1IN 7008 1300 0000 6L4? 7483 e, � Tzi bF Ales PD,-r BEA-0 - -- 33D 0 11EW POP- 7- &jjLz;-VA aj NEWPo47- f3EITCH I CA ?z &/�' 3 An!DY 7VA-AJ 4 Es -PN 4=�.�� PITNEY pOWCB 02 1P $ 005.54° 0003890201 MAY 19 2010 MAILED FROM ZIPCODE92868 111/11Jdd11I,11,I fill, 1111111111„ 111111111I,1111,I11161 C.P. Engineering, Inc. A-k 9316 Mable Avenue S. El Monte, CA 91733 7010 0290 000 PUCE STICKER AT TOP OF ENVELOPE TO THE WOHT OF THE RETURN ADDRESS. FOLD AT !VLE j LINE CERTIFIED MAILI IN I 7010 0290 0000 1174 3436 C v y ) ✓ 11, 1,,,, 1, 1, 11, 1, 1il ,illl,Iilill1,1,11,1,1l111111 „1111,,,11,1 u.S.rO6TAGe IIIIIIIIIIIIIIIIIII -+ EL MONTEXA- 9ji. ItIjIi APR C oNlTaa neTes IIII� II�I�III l�I• AMOUNT lUUU 92663 00012503 -04 C v y ) ✓ 11, 1,,,, 1, 1, 11, 1, 1il ,illl,Iilill1,1,11,1,1l111111 „1111,,,11,1 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 22nd day of September, 2009, at which time such bids shall be opened and read for BALBOA BOULEVARD PAVEMENT REHABILITATION Title of Project Federal Project No. ESPL -5151 (024) American Recovery and Reinvestment Act (ARRA) Contract No. 4144 $1,157,900 Engineer's Estimate by phen G. Badum c Works Director The AADPL and UDBE Goal is 12.3% and 6.8 %, respectively. Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project: "A" For further information, call Andy Tran, Project Manager at (949) 644 -3315 Bid Information is Available on the City Website: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results 1 CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 TABLE OF CONTENTS NOTICE INVITING BIDS ..................................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ................................................................... ..............................3 BIDDER'S BOND .......................................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ................................................. ..............................8 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ......................... ..............................9 PUBLICCONTRACT CODE ........................................................................ .............................10 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ............. .............................10 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ........ .............................10 PUBLIC CONTRACT CODE 10232 STATEMENT ................................. .............................11 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ......................... .............................12 NON - COLLUSION AFFIDAVIT .................................................................... .............................16 DESIGNATION OF SURETIES ................................................................... .............................17 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ..............18 ACKNOWLEDGEMENT OF ADDENDA ...................................................... .............................20 INFORMATON REQUIRED OF BIDDER ..................................................... .............................21 DEBARMENT AND SUSPENSION CERTIFICATION ................................. .............................25 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS ...... .............................26 DISCLOSURE OF LOBBYING ACTIVITIES ................................................ .............................27 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES .......................................... .............................28 LOCAL AGENCY BIDDER - UDBE COMMITMENT (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(1) ............................ .............................29 INSTRUCTIONS - LOCAL AGENCY BIDDER - UDBE COMMITMENT (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(1) ........................... .............................31 LOCAL AGENCY BIDDER - DBE INFORMATION (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(2) ............................ .............................34 INSTRUCTIONS - LOCAL AGENCY BIDDER - DBE INFORMATION (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(2) ........................... .............................35 DATA UNIVERSAL NUMBERING SYSTEM (D- U -N -S) NUMBER FORM ... .............................36 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ............... .............................37 SECTION 2 -1.01 GENERAL ................................................................. .............................37 SECTION 2 -1.015 FEDERAL LOBBYING RESTRICTIONS ................. .............................37 SECTION 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE ( DBE ) ............................38 FEDERAL MINIMUM WAGE RATES ........................................................... .............................41 NOTICE TO SUCCESSFUL BIDDER ......................................................... .............................42 CONTRACT................................................................................................ .............................43 LABOR AND MATERIALS BOND ................................................................ .............................49 FAITHFUL PERFORMANCE BOND ............................................................ .............................53 FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCITON PROJECTS .................58 PROPOSAL........................................................................................... ............................... PR -1 SPECIALPROVISIONS ........................................................................ ............................... SP-1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantifies indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section NO 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. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703.4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: http:/ /www.goo.aovldavisbacon /ca.htmi 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner_ For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classi ication Bidder on d Signature/Title q ✓1��_ 0? Date s' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO.4144 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 Beads, a charter city, in the principal sum of Ten percent of amount bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA BOULEVARD PAVEMENT REHABILITATION, Contract No. 4144 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 form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification o € 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 9th day of September 2009_ Ortiz Asphalt Paving, Inc. - -1 Name of Contractor (Principal) Au rite ignsture/Title International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Pkwy #270 San Diego, CA 92128 Address of Surety 858 - 513 -1795 Telephone Authorized Agent Signatu Frances Lefler, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & SttretV must be attached) CALIFORNIA. ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SO—VI Z'V it CLN'A cp On 1q. 2ooq before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person( ) whose name f /are subscribed to the within instrument and acknowledged to me that 0 /she /they executed the same in er /their authorized capacity(i /s), and that by— her /their signatureo on the instrument the person/, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S. OWENS COMM, # 1847334 'n- � • °•' G NOTARY PUBLIC- CALIFORNI. SAN BERNARDINO COUNT% Signawre of Notary Public COMM. EXPIRES MAY 2, 201; (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document it to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signe(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. holshel*t,5 ;, is late ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area pennies, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California \ /) SS. County of San Bernardino On September 9, 2009 before me, Cynthia J. Young, Notary Public Name and Tit a of Officer (e.g., "Jane Doe, Notary Publidl Personally appeared Frances Lefler Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she CYNTHIA J. YOUNG executed the same in her authorized capacity, COMM. # 1806614 f = *my NOTARY PUBLIC - CALWORNIAE+ and that by her signature on the instrument the ? SAN BERNARDINO COUNTY '' person, or the entity upon behalf of which the person Comm. Expires July 15, 2012 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. Signs a of Notary P lic 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number Top of thumb here Tel (973) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 FOR BID BOND/RIDER/CONSENTS /AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ............................................................................................................................................................................................................................................... ............................... JAY P. FREEMAN, SUSAN C. MONTEON, FRANCES LEFLER, PAMELA MCCARTHY Ontario, CA. we and lawful abomey(s)- tn•fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity t ier writings obligatory m the nature thereof, which are or may be allowed, required or ppettmned by law, stature, rule regguulation, contract or otherwise t execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERN 77 NAL FIDELITY INSURAki )MPANY, as fully and amply, to all intents and purposes, as if the same bad been duly executed and acknowledged by its regularly elected officers at This Power of Attorney is executed, and mayy,,e revoked, pursuant to and by authority of Article 3- Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Anomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. JI r Ip� IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument in be (/A signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. J' n INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL �" m � �,a, STATE f NEW JERSEY ;C� County of Essex * ��a Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument m me persona fiy known, and, being by me duly sworn , said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seai affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ARQ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, /� Q.• at the City of Newark, New Jersey the day and year first above written. NOTARY PUBLIC�� JF5 A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day ofJCl��`�'"""`' — Assistant Secretary Best's Rating Center - Company Information for International Fidelity Insurance Company Page 1 of 1 Best's Rating Center 6uueCnllt Re6+q Y ig¢xb VWW 9mmv � bYppYb GnMF �EVnpe f .m. 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V0 @eeYC4uiemm� Fne �lee0el BreYV�n[u•vnev AepMa -PIG. VSa CaneN aeaYa Smutme- p•<,VS BxiFlnvu•emv Eepvnve EAw1UEEL�PICVE 9Wf3caem'e F(Rev 2 V5 Beefs EOeNV 01M.np W I BeUS): YB Rat£[1ey8P LLms Habmrl � p+C. VS Bvil s B W q[b 4.I�i ®h@crLL�S siupC W V Xmne wn[wn[marr[arn nrvmvrmaMrrerau —nu_vr er- «•garowrmo-nee[[ov Inevmp anwann n naydeemnr[r muvwin vmaMU+.runwsa M'waxe �wwaomwrnpvM.wcvvnievou pp +vyp�en m+y.. r +s mnv z.o awaa6.vpnivanr GUrGmu[elG.r+ uvevb Owl S+wsienhhgl MaT leam.uwa Iwpeawwv [w/5n vusav a.vu+p+• u la yunwe ev Naweo-pnuaxvwvneuapue OMPUr lvvu, WA V 5. http:// www3 .ambest.com/ratings /FullProfile .asp ?B1= 0 &AMBNum= 520 &AItSrc = l &Alt... 09/22/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to ,the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: 70 I !']epYVH� A/ Address: S'AK f h ry7pY7P �+ Phone: &a(Q 45'c3 ?CV S'is State License Number: .71 Up 907 Name: !MG/Cy ><'Y e�4fi�� /17C :P� 8 A e/f!Gi✓ �t�c.G 7. W, Address: LA hgbY4 C44 Phone: `A (act 7 _ X1 P `8-1 _ Stale License Number. 7 JrQ Sao Name:®r � gVlq& CotxV1�Yito %w)J �p 01 45+V196Y%J Address: p ,1aht+/_e_ CAA Phone: 7114 ip 39 L.I S M Stale License Number: LI(904 $^ ORTIZ ASPHALT PAVING COMPANY 5e AC-r- P.O BOX 293 t Bidder COLTON,CA92324 Wthognaturefri e PCl Sl on 6`v/ neeri n b' jc7 P lewW 1 al-4 ,?D? 8,&� a -a�ar0 47Ny 71AI 4179 1199 Gi C# 878g79 �nd%e,� C�,Sf��tGfzo7� vr�'7q Gyt W(p 16P7 x790 Gt c tr to 9 -3,-3L H / 41 s�rv�yln� s, d &&O"s 9,OOY'f7 0,7 6tdbaA&ls a -13 Wt bib{ r;Z.eaCrJ'Ok ,,14, 7/ I�tt-Ws 5- a Viet 1 3% 3•� 1 • `Y% 7�✓�Cr s/ oh 5vrgl veer, n 5cww -/e v 445 y 147glll��i1 st�rdeyl le?- Spa- -aSa( Lic # C 6 y g, d ,v,a h tai h Uo..E �, �� a jao✓tr on 7/41 4/79 //99 PCMsR Gi c# 875479 r� �7 C�idfs- dtGfion �3 d ;,itz,,AAY Covina Grt Cod 4 `l Cp 7 s7 9d • 4 fTkbh {r%ZeOl 4e,ok I -C-1 -f 4-/94-1'7T' $ 1 `z EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder proposed subcontractor hereby certifies that he ha2><,has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former Presidents Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. E PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 SAtemi en* In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. '985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ has not—,–', been convicted within the preceding three years of any offenses re €erred to in t`ha't se tion, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285-1- Note: The bidder must place a chock mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposat. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes P If the answer is yes, explain the circumstances in the following space. 10 P ear 'lc Contra et Code 10232 Statement In conformance with Public Contract Code Section 30232, the Contractor, hereby s=ates under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which ordors the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. signature of this Statement and Questionnaire. BdTers` are cautioned that making a false certification may subject the certifier to criminal prosecution. ii CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or tVpe. on ASPHALT PAYING C0MPANY Bidders Name P.0 BOX 883 COLTON, CA 92324 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 Descrii Approximate C Agency Name Contact Person'S/�(_4!5 Telephone SOS'% Original Contract Amount $� Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 12 ')tq)-^Jz' No. 2 Project Name Project Desci Approximate Agency Nami Contact Person _ y� 9'e--p Y A a aQ) Telephone (N� Or S Original Contract Amount $4 mal Contract Amount $1, If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description l/ Approximate Construction Dates: From Agency Name - (4—� off- n i Contact Person T �,,.� Telephone VS4 % 3,f��-,- 92Z Original Contract Amount $E GC nal Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 13 !SrterA)z )^S5. . No. 4 Project Project Approximate Construction Dates: From o To: Zf O�?- Agency Name Contact Person <fj }[ >�'.� r Telephone (` W Original Contract Amount fnal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number O.J ICr✓'� rlGl ✓/ (� / S�O^1 Project Description C 2,11-J .+ Ac' T 1Cr� Approximate Construction Dates: From To: Ok Agency Name , j Q Contact Person Pq. �e- / /' +nLQ � Telephone Original Contract Amount $.f�/ i/'F naTContract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 14 No. 6 Project Name Project Desci Approximate Agency Nami /� p�Q- Contact Person r D0. ,�,,�� Telephone fR'1) Original Contract Amount $352"final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. ��,nr�� 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 Contractor's current financial conditions. ORTIZ ASPHALT PAVO COMPANY ROWX881 O Bidder COLTON, CA 92324 4d Signature/Title 15 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of% I�tut�.,d .JE'9Pe-'# S4 rC& being first duly wom, deposes and says that he or she is ofO,erjz ,A&T— (t, 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 slfam; 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 th77f ing is true and correct. zKsPM&--C -Zgoi � T c �� -J c:oe, Bidder aturetTitle Subscribed and sworn to (or affirmed) before me on this day of 2009 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL) 16 Notary Public My Commission Expires: Jurat State of California Countyof sizm e2rr1CLrG(in0 Subscribed and sworn to (or affirmed) before me on this day of 20_L3 by ro1LF�la.a �ziV -e- proved to me on the basis of satisfactory evidence to be the person /who appeared before me. Signature (Notary seal) S.OWENS U COMM. # 1847334 {� •� NOTARY PUBLIC - CALIFORNIA n SAN BERNARDINO COUNTY 0 COMM. EXPIRES MAY 2, 2013 j 1 OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any Jurat completed in California must curtain verbiage that indicates the union, public either personally Ameiv the document signer fofPant) or that the identity was satisfaciarily proven to the note v with acceptable identr/ieation in accordance with California many law. Any jurot completed in California which dues nor have such verbiage most have add the wording either with a DESCRIPTION OF THE ATTACHED DOCUMENT juror stamp or with a jurat form which does include proper wording. There are no occeptions to this law for any performed in California. In .jurat addition, the notary must require an oath or affirmation from the document (Title or description of attached document) signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re- signed in front of the notary public during the (Title or description of attached document continued) jurat process. Number of Pages Document Date • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signers) personally appeared which must also be the same date thejurat process is completed. (Additional information) • Print the name(s) of document signcr(s) who personally appear at the time of notarization. • signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges. rc -scat if a sufficient area permits, otherwise complete a different jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date, • Securely attach this document to the signed document 2008 Version CAPA v1.9.07 800 - 873 -9865 www.NotaryClasses.com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 DESIGNATION OF SURETIES ORTIZ ASPHALT PAYING COMPANY Bidders name P.0 BOX 6$3 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): M'FA�Nf YEA 5i 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name ORTIZ ASPHALT PAVING COMPANY P.0 Box 80 Record Last Five (5) FuuYe rs92324 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. 18 Current Record Record Record Record Record Yearof for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts —50 Total dollar Amount of ,L rOP"' S �'^' �,,. �, IG 75D K po (�rN 37 Contracts (in � Thousands of $ No. of fatalities sSCU� No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 18 ORTIZ ASPHALT PAVING COMPANY Legal Business Name of Bidder P.0 BOX 883 Business Address: COtTON, CA 92324 Business Tel. No.: �� —fa►� State Contractor's License No. and Classification: 50y7a A&1.2 Title ('s- ,,gA tmaC The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. n Signatu bi Signatu b Signatu,...,, 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 --otMe 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. W1 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of &n &VI'ICarclfYto On S&la:± (Fri zacc7 before me, personally appeared (here insertobame and title of the 12 % 1 aVt'd i V, who proved to me on the basis of satisfactory evidence to be the persores whose Dam s I re ubscribed to the within instrument and acknowledged to me that he /she/ ey xecuted the same in IS/her e authorized capacity es and t�iat by his /her/ e�ir ignaturloon the instrument the person(& or the entity upon behalf of which the person s) cted, executeMe 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. p 5M.# 184 3 COMM. R INO COUNTY 4 l.J°'�"� � NOTARY PUBLIC • CALIFORNIA SAN BERNAROINO COUNTY n COMM. EMPIRES MAY 2 2013 Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ PartneT(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal far a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document caref Ily for proper notarial wording and attach thisform if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the Same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shefthe5% is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression most not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 ACKNOWLEDGEMENT OF ADDENDA ORTIZ ASPHALT PAVING COMPANY P.0 BOX 883 Bidders name COLTON. CA 92324 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received gnature - / -o 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 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: P.0 BOX 883 Business Address: ,.,,,T,,,1 n Aq,q, Telephone and Fax Number: California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: Mgelo 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: Corporation organized under the laws of the State of �fk J9219 1U Z 21 L. _. ... 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: _ 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; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the ownerlagency? If so, explain. 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 compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes o Are any claims or actions unresolved or outstanding? Yes No 22 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. ORTIZ ASPHALT PAYING COMPANY P.0 BOX 883 COLTON, CA 92324 Bidder (Print name of Owner or President of Corporation /Company) �� Csr�ArQ� A orize Signature/Title Title Date Subscribed and sworn to (or affirmed) before me on this day of by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] 23 Notary Public My Commission Expires: 2009 Jurat State of California County of SCA -V'l Subscribed and sworn to (or affirmed) before me on this day of Sock 20 9 by J I-ar-LA ty-i, proved to me on the basis of satisfactory evidence to be the person/) who appeared before me. Signature (Notary seal) COMM. # 1847334 NOTARY PUBLIC , CALIFORNIA 021COS.OWENS 0 SAN BERNARDINO COUNTY MM. EXPIRES MAY 2, 2013' I f OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any Juror completed in California must contain verbiage that indicates the nom), public either personally knew the document signer fafftant) or that the idemim was satisfacmrily proven to the notary with acceptable identification to accordance with California notan+ law. Any juror completed to California which does not have such verbiage must have add the wording either with a DESCRIPTION OF THE ATTACHED DOCUMENT juror stamp or with a furar farm which does include proper wording. There are no exceptions to this law for any juror performed in California. In addition, the notary must require an oath or affirmation from the document (Title or description of attached document) signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or ofrmation. If the document was previously signed, tt must be re- signed in front ofthe notary public during the (Title or description of attached document continued) j +ut'at process. Number of Pages Document Date • State and County information must be the state and County where the _ — document signers) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jumt process is completed. (Additional information) . Print the name(s) of document signer(s) who personally appear at the time of notarization. Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seat impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges. re -seal if a sufficient area permits, otherwise complete a different jurat form. Additional information is not required but could help to ensure this juror is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA V 1.9.07 800- 873 -9865 www.NotaryClasses.com DEBARMENT AND SUSPERISION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of, ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment -rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions. to this certification, insert the exceptions in the following space. Exceptions will not necessarily' result in denial of award, but will be considered in determining bidder responsibility, For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal_ : ianing this Pr000s signature portion thereof shall also constitute signature of this Certification. 25 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. +Tv, DISCLOSURE OF LOBBYING ACTIVITIES 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee I. loan insurance 2. Status of Federal Action: a. bidloffer/aoDlication b. initial award c. post -award 4. Name and Address of Reporting Entity Prime Subawardee Tier _ , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known ' 3. Report Type: if ❑ b. mater al change / For Material Change Only: year quarter date of last report 5. If Reporti g Entity in No. 4 is Subawardee, /Federal me and Address of Prime: sional District, if known 7 rogram Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 10. a. Name and Addres of Lobby Enti b. Individuals Performing Services (including (If individual, last n e, first name 1) address if different from No. 10a) (last name, first name, MI) (atta Continuation Sheet(s) if necessary) 11. Amount of Payment (check 1 that apply) 13. Type of Payment (check all that apply) $ actu ❑ planned a. retainer b. one -time fee 12. Form of Payment (ch all that apply): c. commission ea. cash d. contingent fee b. in -kind; s city: nature a deferred value f. other, specify 14. Brief Descriptio of Services Performed or to be performed and Date(s) of Service, including officer(s), empl yee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuat' n Sheet(s) attached: Yes No �� 16. Information quested through this form is authorized by Title 31 U. .C. Section 1352. This disclosure of Signature: lobbying r liance was placed by the tier above when his requ " n was made or entered into. This disclosure is Print Name: f requi pursuant to 31 U.S.C. 1352. This information will reported to Congress semiannually and will be Title: �Stl Mdse available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than Telephone No. Date: $100,000 for each such failure. Federal Use Only: 27 Authorized for Local Reproduction Standard Form - LLL INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action, 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgmnts and contract awards under grants. 5. If the organization filing the report in Item 4 checks " Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or ban commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 6. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. of loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE- 90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in Item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officers) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and dale the form, print his/her name Ube and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 - 0046), Washington, D.C. 20503. SF- LLL - Instructions Rev. 06- 04- 90RENDIFs 28 LOCAL AGENCY BIDDER— UDBE COMMITMENT (CONSTRUCTION CONTRACTS) EXHIBIT 15 -13(1) NOTE: PLEASE ,�SIDE OF THIS FORM `�REFER uTO INSTRUCTIONS ON THE REVERSE AGENCY: (UtINVOI } &uvrr l�'IGlrl n kLtl LOCATION: :�V1ij.1,11n ft0t14 _ PROJECT DESCRIPTION: ?,COCA 9,14 plkVQVV1W ()•C�lAi71Glw1tb{�I TOTAL CONTRACT AInM�O�UNT: $ S.7 7rq'_t X BID DATE: BIDDER'S NAME:_ OY-�_t 0.-11 +Q.- —f CONTRACT UDBE GOAL: 12 •� y CONTRACT ITEM OF WORK AND DESCRIPTION Cell. No. ol'UDBE NAME OF UDBE: DOLLAR AMOUNT ITEM NO. OR SERVICES TO BE AND EXPIRATION Must be certified on the dale bids UDBE SUBCONTRACTED OR MATERIALS DA "rE are opened - include UDBE O BE PROVIDED ddressaud honemmmber l 2 lnv & V4 M1211 05-DI-W, rA1tQ1g eU" . la 1611. w IP } vl G�4 lY1+M ine. 'rd W, ItU10D For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Total Claimed Participation r �%�j 5D rJ Do Contract Award Dale: Local Agency cenilles that all information is complete and accurate Print Name Signature Dale Local Agency Represnnative Area Code) Telephone Number: 0 Sig alur of Bidder _I il� I l Da a (Area Code) Tel. No. Sri -Mey For Caltrans Review: Print Name Signature Caltrans District Local Assistance Engineer Dale Person to Contact (Please Type or Print) Local Agency Bidder - UDBE Commitment (Rev 3109) Distribution: (1) Copy –Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of award. Failure to send a copy to the OLAE within 15 days of award may result in de- obligation of funds for this project. (2) Copy – Include in award package to Caltrans District Local Assistance (3) Original – Local agency files 29 INSTRUCTIONS — LOCAL AGENCY BIDDER — UDBE COMMITMENT (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(1) PLEASE NOTE: It is the bidder's responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian - Pacific American; 3) Native American; 4) Women. This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive. UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian - Pacific American 3. Nation American 4. Women The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Total Contract Amount, Bid Date, Bidder's Name, and Contract Goal. The form has a column for the Contract Item Number (or Item No's) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by UDBEs. The UDBE should provide a certification number to the Contractor and expiration date. The form has a column for the Names of UDBE contractors to perform the work (who must be certified on the date bids are opened and include the UDBE address and phone number). Enter the UDBE prime's and subcontractors' certification numbers. Prime contractors shall indicate all work to be performed by UDBEs including, if the prime is a UDBE, work performed by its own forces. IMPORTANT: Identify all UDBE firms being participating in the project regardless of tier. Names of the First Tier UDBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. Provide copies of the UDBEs' quotes, and if applicable, a copy of joint venture agreements pursuant to the Subcontractors Listing Law and the Special Provisions. There is a column for the total UDBE dollar amount. Enter the Total Claimed UDBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of UDBE firms. Exhibit 15 -G (1) must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form within the 15-day time period may result in the de- obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. Ell UDBE INFORMATION — GOOD FAITH EFFORTS, EXHIBIT 15 -H The City of Newport Beach established an Under - utilized Disadvantaged Business Enterprise (UDBE) goal of 6.8% for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder — UDBE Commitment" form indicates that the bidder has met the UDBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a UDBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder — UDBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of UDBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for UDBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Da_ tes of Advertisement al t}r}ry, rlk vuWtN: fAYtlYaohrs Qsiillw-�L cgwt S mbor 15 U - Sept f r 22n4 B. The names and dates of written notices sent to certified UDBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the UDBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Follow Up UDBEs Initial Methods and Solicited Solicitation Dates Please See pttmwK " C " C. The items of work which the bidder made available to UDBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to 31 facilitate UDBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate UDBE participation was made available to UDBE firms. Items of Bidder Normally Breakdown of Items Amount Percentage Work Performs Item ($) Of l.r 1 W (Y!N) Contract D. The names, addresses and phone numbers of rejected UDBE firms, the reasons for the bidder's rejection of the UDBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each UDBE if the selected firm is not a UDBE: Names, addresses and phone numbers of rejected UDBEs and the reasons for the bidder's rejection of the UDBEs: n „ Pl�a�e See aikatchme� Names, addresses and phone numbers of finny selected for the work above: E. Efforts made to assist interested UDBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to UDBEs: F. Efforts made to assist interested UDBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the UDBE subcontractor purchases or leases from the prime contractor or its affiliate: N 32 G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using UDBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Method /Date Results ;y /Organization of Contact DFE-(UD G cmufA&V'" 1-1. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. 33 LOCAL AGENCY BIDDER — DBE INFORMATION (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(2) (Inclusive of all DBE's including the UDBEs listed at bid proposal) NOTE: PLEASE REFER Nit �IyNSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM AGENCY: IVeww BB taI C)A G'v` aT 411 �LOCATION: 11 WQ t DPJ•If�r PROJECT DESCRIPTION: V1 beq Ao �AVcy[rr✓i yl le•G%LI�I N�'DI�I� TOTAL CONTRACT AMOUNT: $ 811 {Mb BID DATE:_ Se,?ktfWb��teff� 9?-, V� BIDDER'SNAME: O✓�V g5PV1 ,J't ITEM OF WORK AND DESCRIPTION R SERVICES TO BE UBCONTRACTED OR MATERIALS O BE PROVIDED DBE Cen. No. AND EXPIRATION DATE 12 0 Al-201 NAMEOF DBEs Must be certified on the date bids am opened - include DBE address and phone number 1 . CONTRACT DOLLAR AMOUNT ITEM NO. DBE I 5q I• Va 2 Hi i � G c.0 �s le 9.�¢y.•° For Local Agency to Complete: Local Agency Conuact Number: Federal Aid Project Number: Federal Share: Total Claimed Participation % Contract Award Date: Local Agency certifies that the DBE certification(s) has been verified and all information is complete and accurate. Print Name Signature Local Agency Representatve Area Code) Telephone Number: Ip �yf Si atu a of Bidder X a(7 (, q(a — i l y'1_ A r� Date (Area Code) Tel. No. " 1' 7 &4W r For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Person to Contact (Please Type or Print) Local Agency Bidder- DBE Information (Rev 7109) Distribution: (1) Copy —Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de-obligation of funds for this project. (2) Copy— Include in award package to Caltrans District Local Assistance (3) Original — Local agency files 34 INSTRUCTIONS — LOCAL AGENCY BIDDER — DBE INFORMATION (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(2) Successful Bidder: The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Total Contract Amount, Bid Date, Bidders Name, and Contract Goal. The form has a column for the Contract Item Number (or Item No's) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. The DBE should provide a certification number to the Contractor and expiration date. The DBE contractors should notify the Contractor in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on the date bids are opened and include DBE address and phone number). Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces if a DBE. IMPORTANT: Identify all DBE firms participating in the project -- including all UDBEs listed on the UDBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the total DBE dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of DBE firms. Exhibit 15 -G (2) must be signed and dated by the successful bidder. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date, Federal Share, Contract and Project Number fields, and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15 -day time period may result in the de- obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. 35 Contractors Estimate 9"A 1 Contractors Estimate.,.., sevrig ccmrauors:,me zv monp, ny oei:ve,a:g canciet� n:d View TRADE ADS DGS DVBE Resource Packet Earthwork Takeoffs Online DVBE certification is here) LQfl Angel". DaE1rASE[WBE ARTICLES EDITORIALS �l A'1ave,�asiemrni Aa,eS.pianbs lNa,?009,M1roug6 Md opemn8 deie �� ° tLL 6Ci JI � @�'�� LlC�iamsa9 Nma_ fl$'B 4.7t�� An Equal Opportunity Employer Is requesting quolalions from all qualified DBE 1 UDBE (goal of 6.8 %) sub - contractors and material suppliers for the following project: City of Newport Beach Project # 4144 BALBOA BOULEVARD PAVEMENTr REHABILITATION Bid Date: SEPTEMBER 22ND, 2009 at 10:00 A.M. We are acce tin quotes for all vendors subcontractors, nm a ial suppliers including but not limited lo: MOBILIZATION, TRAFFIC CONTROL, INSTALL AND MAINTAIN ADVISORY SIGNS, SURVl`RY SE:RV ICLS, CRACK SEALING, COLD NULL AC PAVEMENT, ARHhf SURFACE COURSE, REMOVE. AC PAVEMENT AND PLACE 4" FULL DEPTH AC (DIG OUT), REMOVE AND REPLACE WITH NEW VALVE BOX AND COVER TO GRADE, ADJUST MANHOLE FRAME AND COVER TO GRADE, REMOVE AND REPLACE WITH NEW STORM DRAIN MANHOLE FRAME AND COVER TO GRADE, REMOVE AND REPLACE WITH NEW SURVEY MONUMENT BOX AND COVER TO GRADE, REMOVE AND REPLACE WITH NEW SEWER CLEANOUT BOX AND COVER l'O GRADE, REMOVE AND REPLACE WITH NEW PULL BOX TO GRADE, REMOVE AND RECONSTRUCT CURB ACCESS RAMP, INSTALL TRUNCATED DOMES, REMOVE AND RECONSTRUCT TYPE A CURB AND GUTTER, REMOVE AND RECONSTRUCT CROSS GUTTER, REMOVE AND RECONSTRUCT ALLEY APPROACH, REMOVE AND RECONSTRUCT SIDEWALK, REMOVE AND RECONSTRUCT DRIVEWAY APPROACH, REPLACE TRAFFIC SIGNAL DETECTOR LOOP, INTALL STRIPING, MARKINGS AND MARKERS, PROVIDE AS -BUILT DRAWINGS. Plans & Specifications are available for inspection at our office by 3ppointmen t 382 E Orange Show Road San Bernardino, CA 92408 Ortiz Asphalt Paving, Inc. is an Equal Opportunity Employment Company. Ortiz Asphalt Paving will, if needed, assist in obtainging bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the UDBE subcontractor purchases or leases from Ortiz Asphalt Paving. Ortiz Asphalt Paving- Inc, P.O. Box 883 Colton, CA 92324 Phone:(909)386 -1200 Fax:(909)386 -1288 Contact: Jeffrey Shea Oniz.4sohaMu .No) coin Published on September ISth, 2009 by Contractor's Estimate, Inc. Located al hlln :i %wwtv.ennaacuirses[immr.com This advertisement will nun until the bid date What are uro Contact us TemtB NOME about. View FOCUS ADS Caftrans "DBE" Goals on Federally Funded Projects View sample BID ESTIMATE Find Certified Firms San Francisco LBEIMBE/WBE NEWS 8 EVENTS ,�w..�... - - _ __ Contractors Estimate View TRADE ADS DGS DVBE Resource Packet Earthwork Takeoffs Online DVBE Lertifeatton is hero! Los Ang eies De LIMB EtNtBc ARTICLES EDITORIALS Contractors Estimate.cnn, �Avo3 Eric moliev oydeiivadr:C e.,aria:e bod sl.ralas. C Ad.... dak Seganprr 15N. 20191hrw,g1k bid opening date aa%VnIYIl An Equal Opportrmity Employer Is requesting quotations from all qualified DBE I UDBE (goal of 6.8`Yo) sub - contractors and material suppliers for the following pmjecC City of Nev sort Beach Proicel 9 4144 BALBOA BOULEVARD PAVEMENT REHABILITATION Bid Date: SEPTEMBER 22ND, 2009 at 10:00 A.M. We are acceptine quotes for all vendors subcontractors, material suppliers includiro, but no limited to: MOBILIZATION, TRAFFIC CON'T'ROL, INSTALL AND MAINTAIN ADVISORY SIGNS, 511ftVERY SERVICES, CRACK SCALING, COLD MILL AC PAVEMENT, ARllht SURFACC COURSE, REMOVE AC PAVEMENT AND PLACE 4" FULL DEPTH AC (DIG OUT), REMOVE AND REPLACE WITH NEW VALVE BOX AND COVER TO GRADE, ADJUST MANHOLE FRAME AND COVER TO GRADE, REMOVE AND REPLACE WITH NEW STORM DRAIN MANHOLE FRAME AND COVER TO GRADE, REMOVE AND REPLACE WITH NEW SURVEY MONUMENT BOX AND COVER TO GRADE, REMOVE AND REPLACE WITH NEW SEWER CLEANOUT BOX AND COVER TO GRADE, REMOVE .AND REPLACE WITH NEW PULL BOX TO GRADE, REMOVE AND RECONSTRUCT CURB ACCESS RAMP, INSTALL TRUNCATED DOMES, REMOVE AND RECONSTRUCT TYPE A CURB AND GUTTER, REMOVE AND RECONSTRUCT CROSS GUTTER, REMOVE AND RECONSTRUCT ALLEY APPROACH, REMOVE AND RECONSTRUCT SIDEWALK, REMOVE AND RECONSTRUCT DRIVEWAY APPROACH, REPLACE TRAFFIC SIGNAL DETECTOR LOOP, INTALL STRIPING, MARKINGS AND MARKERS, PROVIDE AS- BUILT DRAWINGS. Plans & Specifications are available for inspection at our office by appointment: 382 A,, Orange Show Road San Bernardino, C4 92408 Ortiz Asphalt Paving, Inc. is an Equal Oppottuniry Employment Company. Ortiz Asphalt Paving will, if needed, assist in obtaingiag bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the UDBE subcontractor purchases or leases from Ortiz Asphalt Paving. Ortiz Asphalt Paving, Inc. P.O. Box 883 Calton, CA 92324 Phone: (909) 386 -1200 Fax: (909) 386 -1288 Contact: Jeffrey Shiro Orlir.4a � Published on September 15th, 2009 by Contractor's Estimate, Inc. Located at blip' /: \vww GnI111acd,RCStimflll`.000F This advertisement will run until the bid date What are we - ntact us Tenn% HOME about" View POCUS ADS Caftrans "DBE" Goals on Federally Funded Projects View sample BID ESTIMATE Find Cettifed Firms San Francisco LBEIMBVWBE NEWS EVENTS http:// www. contractorsestimate .com/tradeads /090941.htmi 9/22/2009 RIAL BROADCAST REPORT 'FRI) SEP II 2069 IL26 i s t 6 t i o 0 s UN ®� RESUL OK OK OK OK � OK OK OK OK OK 3 OK OK 3 UK i OK 1 nn JL'. � SIC I f I _ -_ RTT ASPHALT AVI ' q @ ` INVITATION TO SIB -BID PROJECT INFOR MATION :PROJECT: BALBOA BOULEVARD PAVEMENT REHABILITATION`S I PROJECT NO.: 4144 AGENCY: CITY OF NEWPORT BEACH BID DATE: SEPTEMBER 22ND, 2009 INDICATE SUB - BIDDING STATUS: WE WILL BE SUB - BIDDING ( ) NOT INTERESTED ( ) NOT WTrElLV OUR SCOPE OF l WORI£ ( ) COMP ANY INFORMATI ON BUSINESS NAME: _ ADDRESS: CITY /STATE /ZIP: { PHONE NUMBER: FAX NUMBER: CONTACTPERSON WE ARE A: () SUBCONTRACTOR (} MATERIAL SUPPLIER CONTRACTOR'S LICENSE # CERTIFICATION# CERTIFYING AGENCY Zh O TIZ ASPHALT PAVING, INC, INVITATION TO SUB -BID PROJECT INFORMATION -J PROJECT: BALBOA BOULEVARD PAVEMENT REHABILITATION PROJECT NO.: 4144 AGENCY: CITY OF NEWPORT BEACH i BID DATE: SEPTEMBER 22ND, 2009 INDICATE SUB - BIDDING STATUS: WE WILL BE SUB - BIDDING ( ) NOT INTERESTED ( ) NOT WITHIN OUR SCOPE OF WORK ( ) - COMPANY INFORMATION BUSINESS NAME: ADDRESS: CITY /STATE /L]P: PHONE NUMBER: FAX NUMBER: CONTACTPERSON _ WE AREA: ()SUBCONTRACTOR (} MATERIAL SUPPLIER CONTRACTOR'S LICENSE # CERTIFICATION# CERTIFYING AGENCY ITEM(S) YOU WILL BE SUB - BIDDING: ( )TRAFFIC CONTROL STRIPING ( ) COLD PLANE ( ) CONSTRUCTION SITE MANAGEMENT I ( ) OTHER ( ) OTHER ( ) OTHER ( ) OTHER The above information is required as part of our Good Faith Effort and we appreciate your early response. We intend to seriously negotiate with qualifed firms for project participation. Please call if aid is needed in obtaining handing, lines t?f credit, insurance, a ui went, material, supplies, or related technical assistance PLANS & SPECIFICATIONS AVAILABLE FOR REVIEW AT: ORTIZ, ASPHALT PAVING, INC. 382 F. ORANGE SHOW RD. SAN BERNARDINO, CA 92408 PLEASE CALL (909) - 386 -1200 TO ARRANGE A TIME FOR REVIEW PLEASE RETURN BY FAX: (909) 386 -1288 OR BY AIAIL: P.O. BOX 883 COLTON, CA 92324 FOR QUESTIONS REGARDING THIS PROJECT PLEASE CONTACT JEFFREY SHIRA AT: Call: 909 386 -1200 x 306 or E -mail: ORTIZASPHALT .Aot.com AUTWWK 00 it Agency: Project ff: Location: Bid Date: NEWPORT BEACH 4144 NEWPORT SEACH,CA 22- Sep -09 DYNAMIC RISK SOLUTIONS, INC 151 o9-t( -0 g 41800 ENTERPRISE CIRCLE SOUTH NE 2nd f HC5 YES 2nd TEMECULA / (951) 639-4603 3rd (714) 479 -0809 ! ( MAYBE NO 3rd ! Spoke With Or left Message tor: / Other j Company Contacted: � 1 No NOlea: 1 Ieived `` d1 No Response Notes and Questions asked by firm? Ist oq -I� -04 1 L YES 1740 GARRY AVENUE STE. 110 2nd Assistance Needed: (Notice to Contractors f Schedule of Bid Items f Bonding I Line of Credit / Other j Company Contacted: Faxed ITS Follow Up Phone Call Foxed ITS Interested Business Business Attempt Date 1 Time Attempt Date I Time f Time in bidding: Class- 2 CECELIA SAFETY SERVICE, INC. 1siM -��, 01 m�,,ha "-1 l lst aq -I� O/t -I '-1 I J'.� I YES YES DIWfM /UO /DVBE 525 STEVENS AVENUE 2nd 2nd SOLANA f ( MAYBE (858)793 -4465 3rd 3rd (858) 7934495 f ( NO cewod Spoke WIN of Left Message lor. YES-/ No r ._'1 I No Response Notes antl Questions asketl by firm? Ist oq -I� -04 1 L YES 1740 GARRY AVENUE STE. 110 2nd 2nd Assistance Needed: (Notice to Contractors I Schedule of Bid Items f BorMing / Line of Credit 1 Other ) Company Contacted: Foxed ITS Follow Up Phone Call Interested Business I /A l I Attempt Date ! Time Attempt Date f Time in biddin Class: 3 WEAVER ELECTRIC, INC 1st 9 -(�" �iS d IN 1st uq�IY-o q /�'�� YES D/W /IA /L/OJDVBE 4210 E LA PALMA AVE 2nd ANAHEIM 1 (714)917.1165 3rtl (714) 9173011 / coned YGS ! No Nolas: MAYBE _ NO fur: No Response Assistance Neetletl: (Notice to Contractors / Schedule of Bid Items 1 Bonding 1 Line of Credit I Other ) 4 Ist _ KELSURVEY INC. DQ-tl'Oq !i(:� Ist oq -I� -04 1 L YES 1740 GARRY AVENUE STE. 110 2nd 2nd SANTA ANA 1 (714)708 -3301 3rtl I MAYBE 3rd (714) 708 -6305 ) f NO Received Spoke With or Left Message for: JJJ YES I No I /A l I No Response Assistance Neetletl: (Notice to Contractors I Schedule of Bid Items I Bonding I tine of Credit I Other j EXCEL CONCRETE BREAKING. INC. 1s109 -(�� O 1 I�('p11 lsl o_l- 1 -� ! % �! YES D/WJMfUO /DVBE 5039 EUREKA AVENUE 2nd 1 2nd YORBA LINDA 1 I MAYBE Union Affiliation: (714)528 -9235 3rd 3rd (714)528.9275 1 f NO Received Spoke With or Left Message for: Sub or Prime: YES I No No Response Notes: Subcontractor Scope of work: Notes and Questions asketl by flrm? Assistance Neetletl: (Notice to Contractors / Schedule of Bid Items 1 Bonding I Line of Credit ( Other ) 141 Agency: Project p: Location: Bid Date: NEWPORT13EACH 4144 NEWPORT BEACH,CA 22- Sep -09 tat CALIFORNIA PROFESSIONAL ELECTRICAL ENGINEERING DI'11 -CIi "N II �,11`�O 1 /� >�./ �ulvwmruwu• N f Y 9316 MAPLE AVENUE 2nd 2nd SOUTH EL MONTE f / MAYBE Unio�n,{ �Wit. (626) 452 -8658 3rd 3rd O (626) 448 -0470 / ! NO o (—,F7 ceivetl Spoke With or Lett Message for Sub or Pr. / No UTA IA. /71A,I No Response SU 1'? Notes and Questions asked by firm? Assistance Needed (Notice to Contractors ! Schedule of Bid Items I Boning I Line of Credit I Other ) W.C. GOOLSBY, INC W.C. ao / I:?P1 L YES 970 N TUSTIN AVENUE, SUITE 102 2nd 2nd ANAHEIM / / MAYBE 3rd ! (800) 639 -9697 3rd (714) 630 -1398 ! NO Spoke With or Lett Message for: eceivetl NO YES / No p i l No Response Nnbc ��ll i W ta'e No Response Notes and Questions asked by firm? Assistance Needed: (Notice to Contractors I Schedule of Bid Items ! Bonding I Lme of Cretld ! Other ) VT ELECTRIC, INC. lst nq-N be 1 1st �y _t� -0 !`.�� , 1 YES 2nd 869 W 9TH STREET 2nd UPLAND f f MAYBE 3rd (909) 985 -1755 3rd / (909) 9858166 /_ _ _ _ / NO Spoke With or Left Message for: -_ Received A;— In YES ! No Nnrer I�(`inn vl] �-N No Response Assistance Needed: (Notice to Contractors f Schedule of Bid Items / Bonding I Line of Credit I Other J 9 1st �p ��,rtl 1s1�'� I(IlQ urvvrmrwruvuc H & C ELECTRIC COMPANY, INC I I �a f 'f "1 / ""ll YES 10319 NORRIS AVENUE 2nd 2nd POMONA 1 1 MAYBE Urdon Affiliation: (818) 896 -2228 3rd 3rd (818) 896 -6951 1 1 NO eived Spoke With or Lett Message for: Sub w Prime S J No !1/. ,At No Response Notes. YE V r Subcontractor Scope of work: Notes and Ouestions asked by firm? Assistance Needed: (Notice to Contractors I Schedule of Bid Items f Bonding 1 Line of Credit I Other ) MJK CONSTRUCTION, INC 1st B¢1_)t ..1st 1 1,11I,.Vl !I -'(,�S '1 1 YES 2nd 2766 POMONA BLVD 2nd POMONA ! (800) 698 -1645 3rd / MAYBE 3rd (909) 594 -6159 ! / N ,,"wed Spoke With or Left Message for: YES No A;— In No Response Notes and Questions asked by firm? Assistance Needed: (Notice to Contractors 1 Schedule of Bid Items I Bonding I Line of Credit I Other j Agency: Pmjecl q: Location: Bid Date: NEWPORT BEACH 4144 NEWPORT BEACH,CA 22- Sep -09 GLOBAL ROAD SEALING. INC. isi Op^ II D ) `I : Wy I 1st R I /' OQ f I ; (�Z "I _I 1 YES 6341 KLAMATH DR. 2nd 2ntl �t l 2nd WESTMINSTER ) ( MAYBE (714) 893 -0845 3rd 3rd (714) 893-0945 J f NO Spoke With or Leh Message tor: Al „_r erved YES 1 No No Response Assistance Needed: (Notice to Comractors 1 Schedule of Bid Items 1 Bonding f Line of Credit ( Other ) BREAKAWAY DEMOLITION INC tsl Q1 ^" -O I 11,,.4`� 1 1st I_' `^ prq / 1,50 Y YES O ONJJMNC 2ntl �t l Union Notes and Questions asked by firm? Assistance Needed: (Notice to Contractors 1 Schedule of Bid Items f Bonding f Line of Credit 1 Other ) Company Contacted: FasOd ITB Follow Up Phone Call Interested Business Attempt Date I Time Attempt Date f Time in bidding: Class: PAY CO SPECIALTIES, INCORPORATED 1s[ ^I� !I' :55 151 -t�—l� 1:59 D/W/MlUO/DVBE YES 120 NORTH SECOND AVE. 2nd 2nd CHUI.AVISTA f ( MAYBE Union Affiliation: (619) 422.9204 3rd 3rd (619) 427.1620 rcivod -Spoke Will) or Leh Message [Or: Sub or PrirnC' YES 1 NO ,--1"Q NO Response Notes: VV Subcontractor Scope of work: Notes and Questions asked by firm? Assistance Needed: (Notice to Contractors 1 Schedule of Bid Items 1 Bonding t Line of Credit I Other ) 14 CO'S TRAFFIC CONTROL. INC 1st d -1 09-11 ^0 ,11,I'�(Q tsl OCI ' I, f'01 1 hD'L YES D/W /M/VO /DVBE 2201 SAN DIEGUITO DRIVE 2n 2nd i DEL MAR I 1 MAYBE Union Affiliation: (858) 259 -0300 3rd 3rd (858) 259 -0357 1 ! NO erved Spoke With or tell Message lot. Sub or Prime: YE 1 No No Response Notes: Subcontractor Scope of work: Notes and Questions asked by firm? Assistance Needed (Notice to Contractors 1 Schedule of Bid Items 1 Bonding I Line of Credit I Other ) CD MONTGOMERY INC. isi ^I�,M ! �'."� 1sIQ _,� ^(,� ! Z; �tp YES 1077 PCH, !1786 2nd V"� `t 2nd V SEAL BEACH / (562) 826 -2983 3rd 3rtl (562) 296 -5125 1 1 NO erved Spoke With or Left Message for: YES No n. _ A No Response Assistance Needed: (Notice to Conorsoms / Schedule of Bid Items 1 Bonding f Line of Credit 1 Other 0110 14 CO'S TRAFFIC CONTROL. INC 1st d -1 09-11 ^0 ,11,I'�(Q tsl OCI ' I, f'01 1 hD'L YES D/W /M/VO /DVBE 2201 SAN DIEGUITO DRIVE 2n 2nd i DEL MAR I 1 MAYBE Union Affiliation: (858) 259 -0300 3rd 3rd (858) 259 -0357 1 ! NO erved Spoke With or tell Message lot. Sub or Prime: YE 1 No No Response Notes: Subcontractor Scope of work: Notes and Questions asked by firm? Assistance Needed (Notice to Contractors 1 Schedule of Bid Items 1 Bonding I Line of Credit I Other ) CD MONTGOMERY INC. isi ^I�,M ! �'."� 1sIQ _,� ^(,� ! Z; �tp YES 1077 PCH, !1786 2nd V"� `t 2nd V SEAL BEACH / (562) 826 -2983 3rd 3rtl (562) 296 -5125 1 1 NO erved Spoke With or Left Message for: YES No n. _ A No Response Assistance Needed: (Notice to Conorsoms / Schedule of Bid Items 1 Bonding f Line of Credit 1 Other 0110 CD MONTGOMERY INC. isi ^I�,M ! �'."� 1sIQ _,� ^(,� ! Z; �tp YES 1077 PCH, !1786 2nd V"� `t 2nd V SEAL BEACH / (562) 826 -2983 3rd 3rtl (562) 296 -5125 1 1 NO erved Spoke With or Left Message for: YES No n. _ A No Response Assistance Needed: (Notice to Conorsoms / Schedule of Bid Items 1 Bonding f Line of Credit 1 Other 0110 Unified Certification Program Back To Ouery Form Search Returned 1 Records Query Criteria Firm ID: 30666 Firm Type: DBE Firm ID Firm /DBA Name Address Line1 Address Line2 City State Zip Code1 Zip Code2 Certification Type EMail Area Code Phone Number Fax Area Cade Fax Phone Number Agency Name Counties Districts DBE NAICS ACDBE NAICS 30666 WEAVER ELECTRIC, INC 4210 E LA PALMA AVE ANAHEIM CA 92807 DBE dweaver @weaverinc.net ( 714 ) 917 -1165 ( 714 ) 917 -3011 LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) 19; 30; 36; 37; 48; 56; 04:07:08: 11; 12; 238210; Page I of 1 4AA Fri Sep 18 15:18:55 PDT 2009 Work Codes 01201 TRAFFIC CONTROL SYSTEM; C931i8 RESIDENI'IAL ELECTRICAL; Licenses B General Building Contractor; C10 Electrical Contractor, C20 Warm -Air Heating, Ventilation and Air - conditioning Contrst% Gender F Ethnicity CAUCASIAN Firm Type OBE Back To Ouery Form http:// www .dot.ca.gov /ucp /QuerySubmit.do 9/18/2009 Unified Certification Program Back To Ouery Form Search Returned 1 Records Query Criteria Firm ID: 34096 Firm Type: DBE Firm ID 34096 Firm /DBA Name KELSURVEYS INC Address Line1 1740 E GARRY AVENUE STE. 110 Address Line2 ASIAN PACIFIC City SANTA ANA State CA Zip Codet 92705 Zip Code2 Certification Type DBE EMail kelsuweys@aol.com Area Code ( 714 ) Phone Number 708 -3301 Fax Area Code ( 714 ) Fax Phone Number 708 -6305 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; DBE NAICS 541370; ACDBE NAICS Work Codes 00700 CONSTRUCTION S IAKING; (:0760 SURVEYOR; Licenses Gender M Ethnicity ASIAN PACIFIC Firm Type DBE Back To Ouery Form http://www,dot,ca.gov/ucp/QuerySubmit.do Page I of I 1% Fri Sep 18 15:37:52 PDT 2009 9/1 8/2009 Unified Certification Program Back To Ouery Form Search Returned i Records Query Criteria Firm TD: 37827 Firm Type: DBE Firm ID 37827 Firm /DBA Name EXCEL CONCRETE BREAKING, INC. Address Line1 5039 EUREKA AVENUE Address Line2 CAUCASIAN City YORBA LINDA State CA Zip Code1 92886 Zip Code2 Certification Type DBE EMail RLHARDER @aol.com Area Code ( 714 ) Phone Number 528 -9235 Fax Area Code ( 714 ) Fax Phone Number 528 -9275 Agency Name LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) Counties 90; Districts 00; DBE NAILS 237990; 238110; 238190:238910; ACDBE NAICS Work Codes 0651 CONCRCTGS CCA1EN r; Licenses C12 Earthwork and Paving Contractor; D06 Concrete Related Services; Gender F Ethnicity CAUCASIAN Firm Type DBE Back To Ouery Form bttp://www.dot.ca.gov/ucp/QuerySubmit.do Page 1 of 1 �/v Fri Sep 18 15:38:37 PDT 2009 9/18/2009 Unified Certification Program Back To Quety FomT Page 1 of I x /10 Search Returned 1 Records Fri Sep 1815:42:56 PDT 2009 Query Criteria Firm ID: 31277 Firm Type: DBE Firm ID Firm /DBA Name Address Linet Address Line2 City State Zip Code1 Zip Code2 Certification Type EMail Area Code Phone Number Fax Area Code Fax Phone Number Agency Name Counties Districts DBE NAICS ACDBE NAICS Work Codes Licenses Gender Ethnicity Firm Type 31277 CALIFORNIA PROFESSIONAL ELECTRICAL ENGINEERING 9316 MABEL AVENUE SOUTH EL MONTE CA 91733 DBE vaii@cpengineeringinc.com ( 626 ) 452 -6658 ( 626 ) 448 -0470 DEPARTMENT OF TRANSPORTATION 10; 15; 19; 30; 33; 36; 37; 06; 07; 08; 11; 12; 237310:238210; C1201 TRAFFIC: CONTROL SYSTEM; 09868 RE` A General Engineering Contraolor; C10 Electrical M ASIAN PACIFIC DBE Back To Query Form http://www,dot.ca.gov/ucp/QuerySubmit.do Unified Certification Program Page 1 of I Back To Ouery Form Search Returned 1 Records Fri Sep 1815:48:32 PDT 2009 Query Criteria Firm ID: 2822 Firm Type: DBE Firm ID FirmIDBA Name Address Linel Address Line2 City State Zip Codel Zip Code2 Certification Type EMail Area Code Phone Number Fax Area Code Fax Phone Number Agency Name Counties Districts DBE NAICS ACDBE NAILS Work Codes 2822 W.C. GOOLSBY, INC 970 N. TUSTIN AVENUE, SUITE 102 ANAHEIM CA 92807 1276 DBE wcgoolsbyinc&ol.com ( 800 ) 639 -9697 (714) 630 -1398 DEPARTMENT OF TRANSPORTATION 00; 00; 424720; 561499; 00624 PETROLLUM, OIL, LUBRICANTS; C0639 ASPI IALT; D2950 ASPHALT PAVING & ROOFING MAI ERIALS; D2990 MISC. PEI ROLEUM & COAL PRODUC FS; D3310 BLAST FURNACE & BASIC STEEL PRODUCTS; F5170 PETROLEUM & PETROLEUM PRODUCTS; 17380 MISC BUSINESS SERVICES; Licenses Gender F Ethnicity CAUCASIAN Firm Type DBE Back To Ouery Form bttp:// www .dot.ca.gov /ucp /QuerySubi-nit.do 9/18/2009 Unified Certification Program Back To Ouery Form Page 1 of 1 Win Search Returned 1 Records Fri Sep 1816:03:24 PDT 2009 Query Criteria Firm ID: 34021 Firm Type: DBE Firm ID 34021 Firm /DBA Name H 8 C ELECTRIC COMPANY, INC Address LIne1 10319 NORRIS AVENUE Address Line2 CAUCASIAN City POMONA State CA Zip Codel 91331 Zip Code2 Certification Type DBE Entail Area Code ( 818 ) Phone Number 896 -2228 Fax Area Code ( 818 ) Fax Phone Number 896 -6951 Agency Name CITY OF LOS ANGELES Counties 00; Districts 00; DBE NAILS 237310:238210; ACDBE NAICS Work Codes C1201 TRAFFIC CONTROL SYSTEM; C9358 RESIDENTIAL ELECTRICAL, Licenses C10 Electrical Contractor; Gender F Ethnicity CAUCASIAN Firm Type DBE Back To OLIM Form http://www.dot.ca.gov/ucp/QuuiySubrnit.do 9/18/2009 Unified Certification Program Back To Ouery Form Search Returned l Records Query Criteria Firm ID: 38043 Firm Type: DBE Firm ID 38043 Firm /DBA Name MJK CONSTRUCTION, INC. Address Line1 2766 POMONA BLVD., Address Line2 F City POMONA State CA Zip Codel 91768 Zip Code2 Certification Type DBE Mall piawrence @mjkconstruction.com Area Code ( 800 ) Phone Number 698 -1645 Fax Area Code ( 909 ) Fax Phone Number 594 -6169 Agency Name CITY OF LOS ANGELES Counties 14; 15; 19; 29; 30:33:36; 37; 42; 56; Districts 03; 05; 05; 07; 08; 09; 11; 12; DBE NAICS 236220;238990; ACDBE NAICS Page l of l 'Otto Fri Sep 18 16:06:25 PDT 2009 Work Codes C0651 CONCRETE R CCMGN f: C9801 BUILDING CONSTRUCTION; C9902 FUEL SYSTEMS; Licenses A General Engineering Contractor; B General Building Contractor; C08 Concrete Contractor, HAZ Hazardous Waste; HIC Home Improvement Certification; Gender F Ethnicity CAUCASIAN Firm Type DBE Back To Query Forin http:// www .dot.ca.gov /ucp /QuerySubmit.do 9/18/2009 Unified Certification Program Page 1 of i Back To Query Form !1r 1 Search Returned 1 Records Fri Sep 1816:11:56 PDT 2009 Query Criteria Firm ID: 31176 Firm Type: DBE Firm ID 31176 Firm(DBA Name GLOBAL ROAD SEALING, INC Address Line1 6341 KLAMATH DR. Address Line2 CIO Electrical Contractor; C32 Parking and Highway Improvement Contractor; City WESTMINSTER State CA Zip Code1 92683 Zip Code2 Certification Type DBE EMail lalatn@yahoo.com Area Code ( 714 ) Phone Number 893 -0845 Fax Area Code ( 714 ) Fax Phone Number 893-0945 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 06; DBE NAICS 238210; 238910; ACDBE NAICS Back To Ouery Form C1201 TRAFFIC CONT'Rol, SYS 101; 01601 CLLARING 8: GRUBBING; 01901 ROADWAY EXCAVATION; Work Codes C1920 SIRUC'IURE EXCAVATION; C1930 STRUCTURE BACKFILL; C-1940 DI FCHES EXCAVATION; C4101 PAVEMENT SUBSEALING 3 JACKING; C9858 RESIDENTIAL ELECTRICAL; C9980 DEMOLITION; Licenses CIO Electrical Contractor; C32 Parking and Highway Improvement Contractor; Gender M Ethnicity ASIAN PACIFIC Firm Type DBE Back To Ouery Form Unified Certification Program Back To Query Form Page 1 of I 171 Search Returned 1 Records Fri Sep 1816:13:45 PDT 2009 Query Criteria ��.....�..w.,� Firm ID: 37393 Finn Type: DBE Firm ID 37393 Firm /DBA Name BREAKAWAY DEMOLITION INC Address Line1 15625 CARTWRIGHT DR. Address Line2 HISPANIC City RIVERSIDE State CA Zip Code1 92508 Zip Code2 Certification Type DBE EMail break.sw ydemo@scbglobal.nel Area Code ( 951 ) Phone Number 789 -9599 Fax Area Code ( 951 ) Fax Phone Number 789 -9688 Agency Name DEPARTMENT OF TRANSPORTATION Counties 19; 30; 33; 36; 37; 38; Districts 04; 97; 08; 11; 12; DBE NAICS 238990; ACDBE NAICS Work Codes C0851 CONCRETE& CEMENT; Licenses C61 Limited Specialty Contractor; D06 Concrete Related Services; Gender F Ethnicity HISPANIC Firm Type DBE Back To Ouery Form http:// www .dot,ra,gov /ucp /QuerySubmit.do 9/18/2009 Unified Certification Program Back To Ouery Form Page 1 of 1 Rik, Search Returned 1 Records Fri Sep 1816:15:35 PDT 2009 Query Criteria _ �. �.... �,.. �„ �., N... a...,... m.... �, �,......._. �.. ,�:,»,AO�.,a..,..,.,..�,..,..�. .. Firm 1D: 102 Firm Type: DBE Firm ID 102 Firm(DBA Name PAYCO SPECIALTIES, INCORPORATED Address Line1 120 NORTH SECOND AVE. Address Line2 City CHULA VISTA State CA Zip Codell 91910 Zip Code2 Certification Type DBE EMail I1eweltyn4436Qmsn.ccm Area Code (619 ) Phone Number 422 -9204 Fax Area Code ( 619 ) Fax Phone Number 427 -1620 Agency Name DEPARTMENT OF TRANSPORTATION Counties 02; 13; 19; 30; 33; 37; Districts 07; 08; 10; 11; 12; DBE NAICS 237310; 238990; ACDBE NAICS C'1201 TRAFFIC CONTROI. SYSTEM; cr,601 SIGN STRt3CTURF; C5620 ROADSIDE SIGN; C8"1 OBJECT Work Codes MARKER; 08405 THERMOPLASTIC TRAFFIC S (RIPE & MARKING; C8406 PAIN rED'I RAFPIC S'I'RIPL & MARKING; C8501 PAVEMENT MARKING; C9906 SANDBLASTING; Licenses 8 General Building Contractor; C32 Parking and Highway Improvement Contractor; Gender F Ethnicity CAUCASIAN Firm Type DBE Back To Ouery Form http:// www .dot.ca.gov /ucp /QuerySubmit.do 9/18/2009 Unified Certification Program Back To Ouery Form Page 1 of I 111 v Search Returned 1 Records Fri Sep 1916:16:16 PDT 2009 Query Criteria �.... �..,.v .�_- ....�,..M�..�,s_._.......� .� Firm ID: 34945 Firm Type: DBE Firm ID 34945 Firm /DBA Name AWARD CONSTRUCTION MANAGEMENT Address Linel 18186 SHARON LANE Address Line2 City HUNTINGTON BEACH State CA Zip Codel 92648 Zip Code2 Certification Type DBE EMail LIT20 @HOTMAIL.COM Area Code (714) Phone Number Fax Area Code ( 714 ) Fax Phone Number Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; DBE NAICS 236220;238210;238220: ACDBE NAICS C1201 TRAFFIC CONTROL SYST EM; 08001 AIR CONDITIONING /SHEET MFTAL; C9858 RESIDENTIAL Work Codes ELECTRICAL; C93G2 RESIDENTIAL AIR CONDITIONING & SHEET METAL; C9866 HEATING & AIR CONDITIONING; Licenses B General Building Contractor; Gender M Ethnicity ASIAN PACIFIC Firm Type DBE Back To Ouery Form http:// www .dot.ca.gov /ucp /QuerySubmit.do 9/18/2009 Unified Certification Program Page 1 of 1 Back To Ouery Foal I T1 Search Returned 1 Records Fri Sep 1816:17:37 PDT 2009 Query Criteria Firm ID: 37255 Firm Type: DBE Firm ID Firm(DBA Name Address Line1 Address Line2 City State Zip Code1 Zip Code2 Certification Type Mail Area Code Phone Number Fax Area Code Fax Phone Number Agency Name Counties Districts DBE NAICS ACDBE NAICS Work Codes Licenses Gender Ethnicity Firm Type 37255 CD MONTGOMERY INC. 1077 PCH, #186 SEALBEACH CA 90740 DBE cmontgomery@odmiconstruction.com (562) 826 -2983 ( 562 ) 296 -5125 CITY OF LOS ANGELES 19; 30; 33; 36; 37; 40; 56; 05; 07; 08; 11; 12; 236210:236220:237990;238110:238120:238990; 00651 CONCRFTF- & CEMENT; C4010 PORTLAND CEMENT & CONCRETE PAVEMENT; C5100 CONCRETE S RUCTURE; C5105 MINOR CONCRETE STRUCTURE; C511'I CONCREI E OVERLAY, DRILL & BOND; C5135 CONCRETE BLOCK & MASONRY RETAINING WALL; C5501 STEEL STRUCTURES; C7301 CONCRETE CURB & SIDEWALK - MISC; C8720 CIVIL ENGINEERING; C8770 CONSTRUCTION MANAGEMENT; C9801 BUILDING CONSTRUCTION; C9810 SMALL STRUCTURES; C9846 ADDITIONS, ALTERATIONS OR REPAIRS; A General Engineering Contractor; 6 General Building Contractor; HAZ Hazardous Waste; CAUCASIAN DBE Back To Query Forrn http:// www .dot.ca.gov /ucp /QuerySubmit.do 9/18/2009 Unified Certification Program Back To Query Form Search Returned 1 Records Query Criteria Firm ID: 33993 Firm Type: DBE Firm ID 33993 Firm /DBA Name CO'S TRAFFIC CONTROL, INC Address LIne1 2201 SAN DIEGUITO DRIVE Address Line2 F City DEL MAR State CA Zip Code1 92014 Zip Code2 Certification Type DBE EMaI I co@wstraffic.com Area Code ( ass ) Phone Number 259 -9300 Fax Area Code ( 858 ) Fax Phone Number 259 -0367 Agency Name DEPARTMENT OF TRANSPORTATION Counties 13; 19; 30; 33; 36; 37; Districts 07; 08; 11; 12; DBE NAICS 238990; 532412; ACDBE NAICS Page 1 of 1 14/10 Fri Sep 18 16:22:49 PDT 2009 Work Codes C0686 ELECTRICAL R SIGNALS; C1200 CONSTRUCTION AREA SIGNS, C1201 TRAt PIC CONTROL SYSTEM; C8605 MESSAGE SIGNS, LIGH I ING & SIGN ILLUMINATION; Licenses C31 Construction Zone Traffic Control Contractor; Gender F Ethnicity CAUCASIAN Firm Type DBE Back To Query Fonn http:// www .dot.ca.gov /ucp /QuerySubmit.do 9/18/2009 From:California Pro Engineering Inc626 448 0470 09/16/2009 15:25 #044 P -001 /001 CALIFORNIA PROFESSIONAL. ENGINEERING PHONE: (626) 452 -8658 9316 MABEL AVE. SOUTH EL MONTE, CA 91733 09 -312 FAX: (626) 448 -0470 A &C -10 793907; 8(a) Certified CERTIFIED UDBE /SMBE CT- 031277 EXPIRE 08 -01 -2011 PROJECT NAME: Balboa Blvd Rehab PROJECT No: 4144 CITY, STATE: NEWPORT BEACH �1i BID DATE: 9/22/2009 L % BID TIME: 10:00 A.M. WEJ fE4(EBTSUB'M1TSTEMT1C/2270NS EES`II91 TES, AM TR.OPOSE?O ffR1M5919WE LizB0R.9."TE9UALA7JiD'EQ2JI i PECrESSA'RTTO CONTLE'EFE 49PE EFOLLO`WPNC NEWS OEFWDVC 14 Rcmove and Replace with New Pull Box to Grade EA 40 400.00 16,000.00 22 Replace Traffic Signal DetecrorLoop EA 19 159.00 3,591.00 TOTAL 819,591.00 Union Contractor SIGNATURE Loop Stub -out Must Exict NOTE: EXCLUDES BOND PREMIUM, ALL PERMITS, AND INSPECTION FEES. TERMS: DUE & PAYABLE IN 30 DAYS UPON COMPLETION 1.5% MONTHLY INTEREST WILL APPLY THEREAFTER. 3 2009 13:51 HP LRSERJET FAX CINDY TRUMP INC. LINDY'S COLD PLANING P. 1 Qv*s med DBE -- WBE -- SBE UDBE CERTIFIED File #35088 625 W. MOUNTAIN VIEW LA HABRA, CA 90631 PHONE 562.697.2286 FAX 562.697.2039 TIC a A 7Sd40n JEFFERY CONTRACrOR ORTIZ PAVING ATTN: SHIR °. CONTRACT 4144 NEWPORT ` 409 NAME BEACH {'L B(D NUMEER p5 ( V DATE 9116109 GRIND 370,000 SQ FT ® 2 INCHES IN DEPTH PRICE INCLUDES CUT — LOAD -HAUL AND SWEEP $ .17 CENTS SQUARE FOOT GRIND 8000 SQ FT @ 4 INCHES PRICE INLCUDES CUT - LOAD -HAUL AN 5.508 CENTS SQ FT NO CONCRETE CUTTING NO PETROMAT NO SAT WORK NO TRAFFIC CONTROL r D SWEEP g�� y� v 4- EXCLUDES: Handwork any areas grinder cannot access. TRIMMING, MILLING ANY CONCRETE, BULING TEMPORARY TAPERS,HANDWORK, ANY TEEMPORARY PAVEMENT DELIhIIATION, MAINTENANCE AND PRODUCTION OF MILLED AREAS, OBSTRUCTI/N THAT MAY INTERFERE WITH THE MILLING PROCESS, TEMPORARY AC, LAYOUT, TRAFFIC CONTROL AND POSTING OF STREETS. ANY DELAYS DUE TO T.C. WILL RESULT IN HOURLY STAND BY CHARGE. OF ANY AND ALL EQUIPMENT UTILIZED TO DATA UNIVERSAL NUMBERING SYSTEM (D- U -N -S) NUMBER Submit this form with the Executed Contract. If you fail to submit your D -U -N -S Number, the Department will not approve the contract CONTRACT NUMBER: I z CONTRACTOR NAME: BUSINESS ADDRESS (D -U -N -S Number Location): STREET: X CITY: eO'17 STATE: ZIP CODE: do Tcp D -U -N -S Number: /Y;7 7 5U .51z� Contact ri Telephone ,l / i fle `/ 'i i / 36 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. The Bidder's Bond form mentioned in the last paragraph in Section 2 -1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts. 2- 1.015 -- FEDERAL LOBBYING RESTRICTIONS.--Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. 37 The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file. a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE). -- This project is subject to Title 49 CFR 26.13(b): The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the City of Newport Beach specifies a goal for Underutilized Disadvantaged Business Enterprises (UDBEs). UDBE is a firm that meets the definition of DBE and is a member of one of the following groups: 1. Black Americans 2. Native Americans 3. Asian - Pacific Americans 4. Women References to DBEs include UDBEs, but references to UDBEs do not include all DBEs. Make work available to UDBEs and select work parts consistent with available UDBE subcontractors and suppliers. Meet the UDBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith efforts to meet this goal. 38 It is your responsibility to verify that the UDBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: hftp:lhvww.dot.ca.gov/hq/bep/find—certified.htm Only UDBE participation will count towards the UDBE goal. DBE participation will count towards the Agency's Annual Anticipated DBE Participation Level and the California statewide goal. Credit for materials or supplies you purchase from UDBEs counts towards the goal in the following manner: 1. 100 percent counts if the materials or supplies are obtained from a UDBE manufacturer. 2. 60 percent counts if the materials or supplies are obtained from a UDBE regular dealer. 3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a UDBE that is neither a manufacturer or regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a UDBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55. UDBE Commitment Submittal Submit UDBE information on the "Local Agency Bidder -UDBE Commitment (Construction Contracts)," Exhibit 15 -G(1), form included in the Contract documents. If the form is not submitted with the bid, remove the form from the Contract documents before submitting your bid. If the UDBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the UDBE Commitment form to the Agency. UDBE Commitment form must be received by the City of Newport Beach no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the UDBE Commitment form unless the City of Newport Beach requests it. If the City of Newport Beach requests you to submit a UDBE Commitment form, submit the completed form within 4 business days of the request. Submit written confirmation from each UDBE stating that it is participating in the contract. Include confirmation with the UDBE Commitment form. A copy of a UDBE's quote will serve as written confirmation that the UDBE is participating in the contract. 39 If you do not submit the UDBE Commitment form within the specified time, the City of Newport Beach finds your bid nonresponsive. Good Faith Efforts Submittal If you have not met the UDBE goal, complete and submit the "UDBE Information - Good Faith Efforts," Exhibit 15 -H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by UDBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m, on the 4th business day after bid opening. If your UDBE Commitment form shows that you have met the UDBE goal or if you are required to submit the UDBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the City of Newport Beach finds that the UDBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: 1. Items of work you have made available to UDBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate UDBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to UDBE firms. 2. Names of certified UDBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the UDBEs were interested, and the dates of the follow -up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified UDBEs through all reasonable and available means and provide sufficient time to allow UDBEs to respond. 3. Name of selected firm and its status as a UDBE for each item of work made available. Include name, address, and telephone number of each UDBE that provided a quote and their price quote. If the firm selected for the item is not a UDBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested UDBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using UDBE firms. If the agencies were contacted in writing, provide copies of supporting documents. [ta 6: List of efforts made to provide interested UDBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the UDBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist interested UDBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the UDBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the UDBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. FEDERAL MINIMUM WAGE RATES Refer to the following website for the latest Federal Minimum Wage Rates: http: / /frwebgate.access.g po.gov/cgi- bin /getdoc.cgi ?dbname = Davis- Bacon&docid= CA20080035 41 GENERAL DECISION: CA20080035 09/04/2009 CA35 Date; September 4, 2009 General Decision Number: CA20080035 09/04/2009 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 nopper dredge work); aEAVY CON55fkUCi'ION PROJECTS (Goes not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ASBE0005 -002 08/07/2007 Publication Date 02/15/2008 02/22/2008 02/29/2008 03/07/2008 03/28/2008 04/04/2008 05/09/2008 06/20/2008 07/04/2008 07/11/2008 08/01/2008 08/15/2008 08/29/2008 09/12/2008 10/03/2008 12/05/2008 01/02/2009 02/06/2009 02/27/2009 03/06/2009 04/17/2009 05/01/2009 06/05/2009 07/03/2009 07/10/2009 07/31/2009 08/14/2009 08/21/2009 08/28/2009 09/04/2009 Rates Fringes Asbestos Workers /Insulator (Includes the application of all insulating materials, protective coverings, httn: / /frwebeate. access. wo, Qov /cai- bin /2etdoc.cei ?dbname= Davis - Bacon &docid= CA20080035 Page 1 of 23 09/08/2009 coatings, and finishes to all types of mechanical systems) ..... $ 37 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls ) ...........................$ 20 ASBE0005 -004 08/07/2006 Asbestos Removal worker /hazardous material handler (Includes t—h�Lau.,k, w�iug, stripping, removal, scx'apping, vacuuming, bagging and disposiny of all mechanical systems, whether 01 10.84 76 10.23 Rates Fringes they contain asbestos or not) .... $ 19.55 6.38 --- - - - - -- ------------------- BRCA0004 -010 05/01/2009 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 34.55 11.56 BRCA0018 -004 06/01/2008 Rates Fringes MARBLE FINISHER ..................$ 25.52 9.08 TILE FINISHER ....................$ 21.07 7.88 TILE LAYER .......................$ 32.05 11.99 --------------------------------------------------------- BRCA0018 -010 09/01/2008 Rates TERRAZZO FINISHER ................$ 26.59 TERRAZZO WORKER/SETTER ........... $ 33.63 --------------------- CARP0409 -001 07/01/2009 Rates CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 37.35 (2) Millwright ..............$ 37.85 (3) Piledriver /Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Fringes 9.62 10.46 ------- - - -- - -- Fringes 10.58 10.58 Page 2 of 23 http: / /f- webgate. access. gpo .gov /cgi- binlgetdoe,egi ?dbname= Davis- Bacon&docid= CA20080035 09/08/2009 Page 3 of 23 Rockslinger, Shingler (Commercial) ................$ 37.48 10.58 (4) Pneumatic Nailer, Power Stapler ...............$ 37.60 10.58 (5) Sawfiler ...............$ 37.44 10.58 (6) Scaffold Builder ....... $ 28.55 10.58 (7) Table Power Saw Operator.... ....... ........ $ 37.45 10.58 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. Certified Welder - $1.00 per hour premium. CARP0409 -005 07/01/2009 Rai: oa :Li ii1J c5 Drywall DRYWALL INSTALLER/LATHER .... $ 37.35 10.58 STOCKER/SCRAPPER .......... ..$ 10.00 6.67 ELECO011 -002 07/27/2009 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 26.83 3% +8..00 Technician ..................$ 28.63 3% +8.00 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 -DO1 12/01/2008 httn• / /fn phante accecc ann onv /cai- hin /getdnc.cgi?dhname= Davis - Bacon &docid= CA20080035 09/08/2009 Rates Fringes CABLE SPLICER ....................$ 40.34 3% +11.90 ELECTRICIAN ......................$ 38.57 3% +11.90 ---------------------------------------------------------------- F,LEC0441 -004 12/01/2008 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer /Fiber Optic Splicer .....................$ 39.17 3%flI .90 Electrician .................$ 38.57 3. +11.90 ... ... .............y z.,. J3 J-. SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems 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 06/01/2009 Rates Fringes Page 4 of 23 http: / /frwebgate. access. gpo .gov /cgi- binlgetdoe.cgi ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 LINE CONSTRUCTION (All Other Work) (1) Lineman; Cable splicer..$ 44.47 . 13.11 (2) Equipment specialist 36.83 17.22 GROUP (operates crawler 37.61 17.22 GROUP tractors, commercial motor 37.90 17.22 GROUP vehicles, backhoes, 39.39 17.22 GROUP trenchers, cranes (50 tons 40.49 17.22 GROUP and below), overhead & 39.61 17.22 GROUP underground distribution 40.71 17.22 GROUP line equipment) ........... $ 35.52 17.22 12.07 (3) Groundman ...............$ 27.17 17.22 11.82 (4) Powderman ...............$ 39.71 17.22 12.23 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Velelan3 Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018 -001 01/01/2009 Rates Fringes ELEVATOR MECHANIC ................ 5 44.10 18.285 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012 -003 07/01/2009 Rates Fringes Page 5 of 23 POWER EQUIPMENT OPERATOR (All Other Work) . GROUP 1 ....................$ 36.83 17.22 GROUP 2 ....................$ 37.61 17.22 GROUP 3 ....................$ 37.90 17.22 GROUP 4 ....................$ 39.39 17.22 GROUP 5 ....................$ 40.49 17.22 GROUP 6 ....................$ 39.61 17.22 GROUP 7 ....................$ 40.71 17.22 GROUP 8 ....................$ 39.72 17.22 GROUP 9 ....................$ 40.82 17.22 GROUP 10 ....................$ 39.84 17.22 GROUP 11 ....................$ 40.94 17.22 GROUP 12 ....................$ 40.01 17.22 GROUP 13 ....................$ 40.11 17.22 GROUP 14 ....................$ 40.14 17.22 GROUP 15....................$ 40.22 17.22 GROUP 16 ....................$ 40.34 17.22 GROUP 17 ....................$ 40.51 17.22 GROUP 18 ....................$ 40.61 17.22 GROUP 19 ....................$ 40.72 17.22 GROUP 20 ....................$ 40.84 17.22 GROUP 21 ....................$ 41.01 17.22 GROUP 22 ....................$ 41.11 17.22 GROUP 23 ....................$ 41.22 17.22 hH.,•J /ii•svwhnota �rrwce rmn nnv /rni_hin /ow4Anr rni9Ahnamw =Tla vic_R arnnJF�rinriA= (`AVMRM"15 09MR000O Page 6 of 23 GROUP 24._ ................. $ 41.34 17.22 GROUP 25....................S 41.51 17.22 POWER EQUIPMENT OPERATOR (Cranes, Piledriving 6 Hoisting) GROUP I ....................$ 38.18 17.22 GROUP 2 ....................5 38.96 17.22 GROUP 3. ................. _$ 39.25 17.22 GROUP 4....................$ 39.39 17.22 GROUP 5 ....................5 39.61 17.22 GROUP 6 ....................$ 39.72 17.22 GROUP 7 ....................5 39.84 17.22 GROUP 8 ....................$ 40.01 17.22 GROUP 9 ....................5 40.18 17.22 GROUP 10 ....................$ 41.18 17.22 GROUP 1.. ....................$ 42.18 17.22 :2 ....................$ 43.18 ;.22 GROUP 13 ....................$ 44.18 17.22 POWER EQUIPMENT OPERATOR (funnel Work) r -an « GROUP 2 ....................$ 39.46 17.22 GROUP 3 ....................$ 39.75 17,22 GROUP 4 ....................$ 39.89 17.22 GROUP 5 ....................5 40.11 17.22 GROUP 6 ....................$ 40.22 17.22 GROUP 7 ....................$ 40.34 17.22 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton 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. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS 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 load, 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 http: / /frwebgate. access. gpo .gov /egi- binlgetdoc.cgi ?dbname= Davis- Bacon &docid= CA20080035 09/08/2009 Page 7 of 23 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; Highl.ine cableway signalman; Horizontal Directional Drilling Machine; Hydra - hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power- driven jumbo form setter operator.; rower 6weep�i -pcL L; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck /Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self- propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1 -1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator - bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene httn• //f wehante. nceecs.gnn.gnv /cgi- bin /getdoe.cei ?dbname= Davis- Bacon &docid= CA20080035 09/08/2009 Page 8 of 23 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 .._ `_ }cam__. _. - r C P11 a 7, y machine operator (Hackley- Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired =a-'h _mvina - aiji.nment operator is i. n:.le engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self- loading paddle wheel type -John Deere, 1040 and similar single unit); Self - propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1 -1/2 yds. up to and including 6 -1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar- bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type- except Quad 9 cat.); Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool 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 http: / /fiwebgate. access. gpo .gov /cgi- binlgetdoc.cgi ?dbname= Davis- Bacon &docid= CA20080035 09/08/2009 Page 9 of 23 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. yas. di.Iu�n); Ruuu�c- rirt�l self- loading scraper operator (paddle -wheel -auger type self - loading - two (2) or more units) GR�� U R:b.!.cc ___`d ___t': ^:j t_, ... • -:r „F,�. ern. operating equipment with push-pull �system ry(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 httn:Hfrwebaate. access. gpo .gov /cgi- binlgetdoe.egi ?dbname= Davis- Bacon &docid= CA20080035 09/08/2009 Page 10 of 23 and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) a P011L, 21! RnhhPr -t irAd earth -mnvi nn equi.nmenr nn-rat", operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 c -a. 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 http: / /frwebgate. access. gpo .gov /cgi- bin/getdoe.egi ?dbname= Davis - Bacon &docid— CA20080035 09/08/2009 Page 11 of 23 GROUP 5: Hydraulic boom truck; Stinger crane (Austin - Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar. type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and /or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) Gi<UUP b: Crane operator 4up to anu rnciuuing 2> con 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 anal �,.�'U_�_ng , <., apac_cr` ..z,�..-,r, , dragline, clamshell operator (over 7 cu. vds., 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 30D 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 httt):Hfrwebtiate. access .wo.izov /cgi- bin/getdoc.cei ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 Page 12 of 23 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 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 ea. n.7 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 ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I -15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the NW ', of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the W ''i of the N 'i of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE ',. of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE . of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County http: / /fwebgate. access. gpo .gov /cgi- bin/getdoe.egi ?dbname= Davis- Bacon &docid= CA20080035 09/08/2009 Page 13 of 23 line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County /California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN. SANTA BARBARA & VENTUE'k as defined below: That area within the coilowing Boundary: Begin approximately 5 miles north of the community of Cho Lame, on the Monterey County and San Luis Obispo County boundary at the MW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the W 4 of the NW 'i of Section 2, T8S, R29E, MDM. Continue SSE httn: / /frwebeate. access. eno .eov /cei- bin/eetdoc.cei ?dbname= Davis- Bacon &docid= CA20080035 09/08/2009 Page 14 of 23 along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE . of Section 32, T24S, R37E, MUM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the W '-i of the NW < of Section 6, T25S, R42E, MDM, Continue S to that point which is the SW corner of the NW 4 of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. ::GE DEFINFU nova6 LSEC!__ES BA6E Ri ' ___ ENGI0012 -004 08/01/2009 - - - - - __ Rates Fringes POWER EQUIPMENT OPERATOR (DREDGING) (1) Leverman ........ ........ S 44.83 17.22 (2) Dredge dozer ............ $ 40.36 17.22 (3) Deckmate ................$ 40.25 17.22 (4) Winch operator (stern winch on dredge) ............ $ 39.70 17.22 (5) Fireman - Oiler, Deckhand, Bargeman, Leveehand ...................$ 39.16 17.22 (6) Barge Mate. ............. $ 39.77 17.22 - - - -- * IRON0002 -004 07/01/2009 ---- -- - - -- - - - - -- Rates Fringes Ironworkers: Fence Erector ...............$ 26.58 15.24 Ornamental, Reinforcing and Structural ..............$ 33.00 23.71 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve- Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center - Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 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 http: / /frwebgate. access. gpo .gov /cgi- binlgetdoe.egi ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 Page 15 of 23 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock --------------------------------------------------------- LAB00300 -001 01/01/2008 Rates Fringes Brick Tender... .................. $ 27.17 13.75 ---------------------------------------------`----------- LAB00300 -003 01/01/2008 Rates Fringes LABORER (GUNiTL :) GROUP 1 .....................5 29.79 16.87 GROUP 2 .....................$ 28.84 16.87 GROUP 3 .....................$ 25.30 16.67 Lt1p V[lLrt IIUNI'u L.L) GROUP 1 .....................$ 30.74 14.04 GROUP 2 .....................$ 31.06 14.04 GROUP 3 .....................$ 31.52 14.04 GROUP 4 .....................$ 32.21 14.04 LABORER GROUP 1 .....................$ 26.33 13.75 GROUP 2 .....................5 26.88 13.75 GROUP 3 .....................$ 27.43 13.75 GROUP 4 .....................$ 28.98 13.75 GROUP 5 .....................$ 29.33 13.75 Laborers: GROUP 1 .....................$ 26.33 13.75 GROUP 2 .....................$ 26.88 13.75 GROUP 3 .....................$ 27.43 13.75 GROUP 4 .....................$ 28.98 13.75 GROUP 5 .....................5 29.33 13.75 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, bifn • / /frwehPate.access.gno.eov /cei- bin /eetdoc.cei ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 Page 16 of 23 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, �,_ �f th, .. •i,u,.. foi;. L,,,JyN._'X itU.. ,, ,U_ii a6 walla, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine r,�d, � h;nnaa•.;s anti ctr ^nt rl , %i rli, ,, i. rn.; similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi - plate; Kettle person, pot person and workers applying asphalt, lay -kold, creosote, lime caustic and similar type materials ( "applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come - alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand - propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; http: / /frwebgate. access. gpo .gov /cgi- bin/getdoc.egi ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 Page 17 of 23 Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all :cork of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of metnod used Lor sucn 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 Uf mOL1Vc pGwdi; ,:,:iii: . +03 __ 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: Rodman, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LAB00300 -005 08/05/2009 Rates Fringes httm / /frwebQate. access.eno.eov /cei -bin /eetdoc.cei ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 Page 18 of 23 LABORER PLASTER CLEAN -UP LABORER .... $ 26.65 14.70 PLASTER TENDER ..............$ 29.20 14.70 ---------------------------------------------------------------- LAB00882 -002 01/01/2009 Rates Fringes Asbestos Removal Laborer ......... $ 26.15 13.25 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, tnmporarz ;goo d ^r. b:,rria :a a:;d ass e ha decontamination stations. -- LAB01184 -001 07/01/2009 -- - - - --- --- --- Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ 27.05 10.40 (2) Vehicle Operator /Hauler.$ 27.22 10.40 (3) Horizontal Directional Drill Operator ..............$ 29.07 10.40 (4) Electronic Tracking Locator .....................$ 31.07 10.40 Laborers: (STRIPING /SLURRY SEAL) GROUP 1 .....................$ 28.50 13.56 GROUP 2 .....................$ 29.80 13.56 GROUP 3 .....................$ 31.81 13.56 GROUP 4 .....................$ 33.55 13.56 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the http: / /frwebgate.access.gpo.gov /cgi- binlgetdoe.cgi ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 Page 19 of 23 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 07/01/2008 Pares Fringes Painters: (Including Lead Abatement) (1) Repaint .................$ 26.05 8.54 (2) All Other Work .......... $ 29.32 8.54 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036 -008 10/01/2008 Rates Fringes DRYWALL FINISHER/TAPER .......... .$ 31.64 11.29 ---------------------------------------------------------------- PAIN0036 -015 06/01/2009 Rates Fringes GLAZIER ..........................$ 36.90 16.73 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up PAIN1247 -D02 05/01/2009 Rates Fringes SOFT FLOOR LAYER .................$ 30.85 9.54 PLAS0200 -009 08/05/2009 Rates Fringes PLASTERER ........................$ 35.41 9.88 --------------------------------------------------------- PLAS0500 -002 07/01/2007 Rates Fringes httrr! /frweheate. access. eno .tyov /cei -bin / eetdoc.epi ?dbname= Davis- Bacon &docid= CA20080035 09/08/2009 Page 20 of 23 CEMENT MASON /CONCRETE FINISHER...$ ---------------------------------------------------------------- 33.30 28.00 16.45 PLUM0016 -001 07/01/2009 --- ---- Rates Fringes PLUMBER Rates Fringes PLUMBER /PIPEFITTER Landscape /Irrigation Fitter.$ 26.70 13.84 (1) Work on strip malls, $ 25.18 15.67 ROOF0036 -DD2 08/01/2008 light commercial, tenant improvement and remodel work ........................$ 28.84 14.47 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of (3) All other work .......... $ 37.10 16.84 PLUM0250 -002 01/02/2006 Rates Fringes REFRIGERATION MECHANIC Refrigeration Fitter ..... ...$ 33.30 13.95 --- -- -- -- PLUM0345 -001 07/01/2009 -- - - - --- --- ---- Rates Fringes PLUMBER Landscape /Irrigation Fitter.$ 26.70 13.84 Sewer & Storm Drain Work .... ---------------------------------------------------------------- $ 25.18 15.67 ROOF0036 -DD2 08/01/2008 Rates Fringes ROOFER ...........................$ 31.65 7.87 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. SFCA0669 -008 01/01/2009 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 32.85 16.05 ----------------------------------------------------------- SFCA0709 -003 01/01/2009 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS http: / /frwebgate. access. gpo .gov /cgi- bin/getdoc.egi ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 Page 21 of 23 ANGELES: Rates Fringes SPRINKLER FITTER (Fire) ....... ...$ 38.08 19.75 ---------------------------------------------------------------- SHEE0105 -003 07/01/2009 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 nemuuei work ........................5 39.66 16.78 (2) Industrial work including air pollution abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ...S 34.29 22.35 ---------------------------------------------------------------- TEAM0011 -002 07/01/2008 Rates Fringes TRUCK DRIVER GROUP 1 ....................$ 26.44 18.24 GROUP 2 ....................$ 26.59 18.24 GROUP 3 ....................$ 26.72 18.24 GROUP 4 ....................$ 26.91 18.24 GROUP 5 ....................$ 26.94 18.24 GROUP 6 ....................$ 26.97 18.24 GROUP 7 ....................$ 27.22 18.24 GROUP 8 ....................$ 27.47 18.24 GROUP 9 ....................$ 27.67 18.24 GROUP 10 ....................$ 27,97 18.24 GROUP 11 ....................$ 28.47 18.24 GROUP 12 ....................$ 28.90 18.24 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB) TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy httD: / /frwebgate. access. gDo .gov /cgi- bin/getdoc.cjzi ?dbname= Davis- Bacon &docid= CA20080035 09/08/2009 Page 22 of 23 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 `: i2'61'uit mix truck, 3 ..13 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 99 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person /welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------- -- - - -- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). 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 http: / /frwebgate. access. gpo .gov /egi- bin/getdoc.cgi ?dbname= Davis - Bacon &docid= CA20080035 09/08/2009 Page 23 of 23 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 _he 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 oranCh Ui CJD6LIU,aiJL to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION htfn-//frwehuate, access.eno. env/ c¢ i- hin/¢ etd nc. c¢i ?dhnnme=navis- RacnnRrdncid =C A?.00R0095 (MOR /9009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 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. 42 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 CONTRACT THIS AGREEMENT, entered into this /_ day of &, 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Ortiz Asphalt Paving, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA BOULEVARD PAVEMENT REHABILITATION The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, cold milling, asphalt concrete overlay, reconstruction of concrete access ramps and driveways, signing and striping and all other incidental items of work necessary to complete the work in place. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4144, 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. 43 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Eight Hundred Seventy-One Thousand and 001100 Dollars ($871,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Andy Tran (949) 644 -3315 Ortiz Asphalt Paving, Inc. P.O. Box 883 Colton, CA 92324 909 - 386 -1200 909 - 386 -1288 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 44 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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. 45 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 46 7. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. 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. H. 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 47 performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY • -•- ::A •' /.. - V. APPROVED AS TO FORM: nee auch Assistan ity Attorney ORTIZ AVING, INC. By: //(C orporate icer) r_ - Title: ( lee �/�G�i� /ezl Print Name: ,/ //qf/ /4�--) 67 Z- Please note: Corporations must complete and sign both places above even if each office is held by the same individual TU RIA Executed in Four Counterparts Bond #0505237 CITY OF NEWPORT BEACH Premium: $7,.5.4 &00 PUBLIC WORKS DEPARTMENT Premium is for contract term and is subject to adjustment based on final contract price BALB A BOULEVARD PAVEMENT REHABILITATION CONTRACT NO, 4144 BOND NO. 0505237 FAITHFUL PERFORMANCE BOND The premium charges on being at the rate of $ 11.75 per $100,000; $9.00 per thousand for nex this Bond is $ 7 thousand of the Contract price. for first per th— ousan-ifor remainder WHEREAS. the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Ortiz Asphalt Paving, Inc., hereinafter designated as the "Principal ", a contract for construction of BALBOA BOULEVARD PAVEMENT REHABILITATION, Contract No. 4144 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. 4144 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company 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 Eight Hundred Seventy -One Thousand and 001100 Dollars ($871,000.00) 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. 53 As a part of the obligation secured hereby, and in addition to the face amount specked in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys 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 lull £n.nn -.n.l nKnr fn. n f t 1 n .inn of • n n..nn n !h- D.. -:n..� F... !hc ci ,, ............ ......... .... or... � . , year frflc�.ving !h.......i..... fn.^Z..I .1.. ,.tnnc cf . ..,......., . ..ty. 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 30th day of September 2009. JL17Z 66/� W, ' rtiz Asphalf Paving, Inc- (Principal) AuttWnzed Signature/Title International Fidelity Insurance Company Name of Surety Authorized Signature 13400 Sabre Springs Parkway #8270 San Diego, CA 92128 Address of Surety (858) 513 -1795 Telephone Pamela McCarthy, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTACTOR AND SURETY SURETY MUST BE ATTACHED if. CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California /) SS. County of San Bernardino On September 30. 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG = QY COMM. # 1806614 z NOTARY PUBUC- CAUFORNIAR SAN BERNAROINO COUNTY Comm. Expires July 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa " r of Notary Pu 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 Pages: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's • Individual • Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb here State of California County of ct� %Seri t y-04 0 On C ere>'? before me, 2S. Dl c.2ra r �No & rg P"/,.C,.. � 11 (here insert name and ti a of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the personX whose name ogre subscribed to the within instrument and acknowledged to me that .Oshe /they executed the same in jher /their authorized capacity(i�, and that by�her /their signature on the instrument the person, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragrapb is true and correct. S. I A t COMM. ALIFONWITNESS my hand and official se NOTARY P M - Rt,':) SAN BERNARDINO C011W i 9"—COMM ESPIR IS MAY 2 2013' '- ----------- VWY��._... - --._ ---------'----- -- Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly es appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form (required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they— is iare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary sal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document :'Tel (973) 624a200 POWER OF ATTORNEY INTERNATIONAL: FIDELITY INSURANCE COMPANY ROME OFFICE: ONE NEWARK CENTER, 20TH FLOOR � . . NEWARK,, NEW JERSEY 07102 -5207 v. IHNOW,ALL MEN BY THESE PRESENTS: ` That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint LEFLER, PAMELA MCCARTHY San Bernardino, CA. . . . . . . . . . . c . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . .. ... . . . . ... . . . . . . . 's'e-a' . . . an-d' . *de . . . . . . .. . .. . . . . .. . . . ... . . ... . . ... . . . .. . . .. .. . s . .. . .. . .. . .. . .. 'm... . . . .. . .. . .. . .. . .. . .. . . .. . . . . .. . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . its true and lawful attorneys) -io -fact m execute, l liver for and on its behalf as surety,, and all bonds w.d undertakings, contracts of indemnity a other writings obligatory in the nature thereof, which are or may be allowed, required or ppermitted b law, stature, rule, re��tt��aation, contract or otherwise a the execution of such instrument(s) in pursuance of these presents, shall be as bin upone said INTERNATIONAL FIDELITY INSUBAi•11 COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at principal office. This Power of Anorneyy is executed, and maybe revoked, pursuant to and by authority of Article 3-Section 3, of the %,Laws adopted by the Board of Directors of INTERNATIONAL FIDELII -Y INSURANCE COMPANY at a meeting called and held on the 7th day of Febrvary, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -Fact and revoke the authority given. Further, this Power of Attomey is st ed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day otApril, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of, attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindng upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE NEW JERSEY _ County of f / Essex C �Jr+tq.. Secretary On this 16th day of October 2007, before me came the individual who executed the prated mq instrument, to me personally known, and, being by me duly sworn, said the he rs the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY• that the seal affixed m said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were. duly affixed by order of the Board of Directors of said Company- " IN TESTIMONY WHEREOF, I have hereumo set my hand affixed my Official Seal, �(*• �� at the City of Newark, New Jersey the day and year first above written. - O NOTARY ,. PUBLIC PD ^' "V A? �)�` r' A NOTARY PUkIC OF; NEW JERSEY CERTIFICATION My.Commission Expires Nov. 21r 2010, 1, the undersigned officer pf INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify dlatl have, compared the foregoing copy of the, Power of Aorney'and affrivvit, and the copy of the Section of the By -Laws of said -Cr mpa y,�as set forth in said Power of Attorney, with the ORIGINALS ON ' IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, "Y the whole of the said originals, an"at the said Power WAttorney has not been revoked and is now ind bll force and efTi�ct ,� _ •.� `, IN TESTIMONY WHEREOF, I have hereunto eat my hand this � day of .n �m.iatanr.Secretary r. Executed in Four Counterparts CITY OF NEWPORT BEACH Bond #0--45237 PUBLIC WORKS DEPARTMENT Premium included in Performance Bond BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 BOND NO. 0-910,1237 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Ortiz Asphalt Paving, Inc., hereinafter designated as the "Principal," a contract for construction of BALBOA BOULEVARD PAVEMENT REHABILITATION, Contract No. 4144 in the City of Newport Beach, 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. 4144 and the terms 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, International Videllty Insurance Company duly authorized 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 Eight Hundred Seventy -One Thousand and 001100 Dollars ($871,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the 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 faced by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 49 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fife 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 accompanylng the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of lime, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal abovc 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 mis brims. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 30th day of September 200 . Ortiz Asphalt Paving, Inc. (Principal) Authorized Sig urerfit International Fidelity Insurance Company(?2�i/ Name of Surety Authorized Agent Signature 13400 Sabre Springs Parkway #270 San Diego, CA 92128 Address of Surety (858)513.1795 Telephone Pamela McCarthy, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED 50 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ` SS. County of San Bernardino /) On September 30, 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (a.g., "Jane Doe, Notary Public ") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG COMM. # 1806614 z Z NOTARY PUBLIC - CALIFORNIA' SAN BERNARDINO COU QY Comm. Expires July 15.2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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 Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer Title ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb hero Si lure of No Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer Title ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb hero CERTIFICATE OF ACKNOWLEDGMENT State of California County of t�'%vey {rc�ip r�oh�j On before me, S.0 a personally appeared 41 72- I; who proved to me on the basis of satisfactory evidence to be the person whose name e subscribed to the within instrument and acknowledged to me that he /they execut d the same inPA er /their authorized capacity(ii ),and that by�her /their signatureo on the instrument the perso s), or the entity upon behalf of which the perso acted', executed the instrdfnent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI ESS my hand and official seal. M.OWE i' ;;.;.. NS �� M. # 1847334 ,..... _,t, NOTARY PUBLIC -CALIFORNIA!rl r__ Public __�_.... _...>.1 SAN BERNARDINO COUNT V0 U Signature of Notary Publici .,y C Seal OMM. EXPIRES MAY 2 20— ( ) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages — Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 0 Corporate Officer (Title) ❑ Partner(s) O Attorney -in -Fact ❑ Trustee(s) O OLher INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is �f a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ,f required. • Stale and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or bey name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the attracts) of document signer(s) who personally appear at the time of notarisation. • Indicate the correct singular or plural fors by crossing off incorrect forms (i.e. helshefiltey- is hur ) or circling the correct fors. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. impression roust not cover text or lines. If seat impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment for. • Signature of the notary public must match the signature on file with the office of foe county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Te1.973 >624- 7200•, POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY :HOME OFFICE: ONE NEWARK.CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANC.E COMPANY, a corporation organized and existing Laws of ilia State of New Jersey, and:having its ptincipol office io'the City of Newark, New Jersey, does hereby constihnte an t .............................. ......... .. .............. ................ ........ ... ....... .................... . ................ ......... .......... .............. . ....... ......._.............................. ....... ..........:...................... .... ....... i JAY P. FREEMAN, SUSAN C. MONTEON, FRANCES LEFLER, PAMELA MCCARTHY i %r San Bernardino, CA its true and lawful attorneys) -in -fact u other, *things obligatory m the nature the execution of such instrument(s) COMPANY, as fully and amply, to t principal office. and deliver for and on its behalf as surety, an ai i are or may be allowed, required or pemutted b} of these presents, shall be as bind "mg upon U purposes, as if the same had been duly executed contracts of This Power of Attorneyy is executed, and ma yy be revoked pursuant to and by authority of Article 3- Section 3, of the B -Laws adopted by the Board of Directors of INTERNATTONAL FIDELITY 1INSURANCt COMPANY at a meeting called and held on the 7th day of February, 1974. at The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorn ey is si ed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of�April, 1992 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such ower of attorney or, any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile selshall be valid and bmdir upon the Company and my such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused ibis instrument m be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL �; ,a. STATE NEW JERSEY �.r, �q County of f Essex * *�a Secretary On this 16th day of October 2007, before me came the individual who executed the preceding his== %tomep� sonallyy known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY �NSIme CE C0M[PANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company: IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, :at the City of Newark, New Jersey the day and year first above written. ., tit it �vl A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Corumission Expires Nov. 21, 2010 Othe unde"r'sigrned %ff cer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company.as�et forth in said Power of Attorney, jgiih.the ORIGINALS ON IN TEE HOME OFFICE OF SAID CO*PANY, And that the same are correct transcripts thereof, and of the wholo• of the said originals, and that the said Power, of Attomey has out FieElt mvok• and is now in & force and effect "" AN TESTIMONY WHEREOF; I have.hemunt.4.set myhand'this ":3 P�. *F.'' day of.�(y or J Aasisiart{'Secz.�tary A. , ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID KG DATE IMMJODIYYYY) ORTIZ -1 10/09/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Alliant Insurance Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (Lic- OC36861) 735 Carnegie Drive, Ste 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW DATE EFFECTI DATE( M/D I PIR DATE MMXPIR Ban Bernardino CA 92408 Phone: 909 -886 -9861 Pax: 909 -886 -2013 INSURERS AFFORDING COVERAGE NAIC A INSURED INSURPRA: Old Republic General INSURERS: Navigators Naas. Cane $1,000,000 PREMISES Ea oeperence) INSURER • Ortiz Asphalt Paving Inc INSURERD AlCG95550900 PO Box 8B3 Colton CA 92324 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OFINSURANCE POLICY NUMBER DATE EFFECTI DATE( M/D I PIR DATE MMXPIR LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISES Ea oeperence) $ 100,000 • X X C NIERCIALGENERALUABILRY AlCG95550900 07/01/09 07/01/10 CLAIMS MADE ❑OCCUR MED EXP(Any one person) $10,000 PERSONAL & Am INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLES PER PRODUCTS - COMP/OP AGO s2,000,000 POLICY X JERCT LOC • X AUTOMOBILE X LIABILITY ANY AUTO AlCA95550900 07/01/09 07/01/10 COMBINED SINGLE UNIT (Ea eeaid."q 51,000,000 BODILY INJURY (Pe, person) S ALL OWNED AUT0.S SCHEDULED AUTOS X X BODILY INJURY (Pe,accdnIIQ 5 HIRED AUTOS NON-0 NED AUTOS PROPERTY DAMAGE (Per ACOWerni S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC E ANY AUTO S AUTO ONLY AGG EXCEMUMBRELLA LIABILITY EACH OCCURRENCE S10,000,000 $ OCCUR CLAIMSMADE SF09EXC621382NV 07/01/09 07/01/10 AGGREGATE 510,000,000 E $ DEDUCTIBLE RETENTION S 1 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY RlPARTNEEEXECUTIVE OFFICEWMEMBEMBEREXCLUDEDI ERP AlCW95550900 07/01/09 07/01/10 X TORY IIMITS ER_ E L EACH ACCIDENT - -- -- - iE DISEASE - EAEMPLOYE 51,000,000 $1,000,000 a tleen"be SPE E CIAL PROVISIONS below f EL DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Balboa Blvd. Pavement Rehabilitation. Certholder its Officers, officials, employees and volunteers are add'1 insd /prim wrdg /waiver as respects gen'l liab per end'ts CG2010 0704 & CG2037 0704, COEHON0029 0906 & & CG2404 1093; add'l insd /waiver as respects auto liab per end'ts CAENGN0020 0307 & CAENGN0021 0906; '*'*SEE ATTACHED NOTES** CERTIFICATE HOLDER CANCELLATION City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92663 -3884 CITYNEI I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR Work Comp Blkt Waiver per end't WC990315. *30 day N O C except 10 day for non - payment of premium. Null 6 Voids prior certificate issued 10/09/09. I117i1:101Ar IIlli If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. NAMED INSURED: Ortiz Asphalt Paving Inc POLICY NUMBER AICGO555000D COMMERCIAL GENERAL LIABILITY CG 20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Personis) Or Or anizotlon s : Locationfal Of Covered Operations As required by written contract. As required by written contract. Information required to complete this Schedule. if not shown above will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to lability for "bodily Injury', 'property damage' or `personal and advertising injury' caused, in whole or in part, by 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. in the pedormance of your ongoing operations to the additional insured(s) at the location(si desig- nated above B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after 1. All work. including materials, pans or equip• mein furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additionat msured(sl at the location of the covered operations has been completed, or 2. That portion of "your work" out of 'rorich the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor; en- gaged in performing Operations for a principal as a part of the same project. CO 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ NAMED INSURED: Orfiz Asphalt Paving Inc POLICY NUMBER: Al CG95550900 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the follovang: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sl Or Or nization il): Location And Description Of Completed O anons As required by written contract. As required by written contract. Information required to complete this Schedule if na shown above will be shown In the Dectaranons. Section II — Who Is An, Insured is amended to Include as an addtonal insured the person(s) or organrzatiorl(s) shown in the Schedule, but only with respect to liability for "bodily injury' or -property dam- age' caused. in whole a in pan, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional Insured and included in the "products - completed operations hazard" CO 20 37 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 ❑ OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Naaw of Additional insured PSrooh(a) Looatlorr(e) of Covered Operatlom Or OrganWtlpn(s): As required by written conoect: Intoml911err, required to Complete Into Schedule. I not shown above, will be shown in the Declarations. The inax rence provided by ttss sndorsemeta is primary insurance and we rRg not seek contdbuilon from any other Insurance of a like kind avagable to the cerson or organimilon shown In the schedule above unless the other insurance is pmvWed by a contractor other then the Person or organization shown in the schedule above for the same operahon and lob tucadon. If so, we will share with that other insurance by the rrnIftd described In paragraph a.C. of Section IV - Commercial General Liability Conditions. All other terms and CondlOOns remain unchanged. Odir Aaphall Paving lou AlCG95550900 I ` Alliant Insurance Servir >s, Inr. I EDREPRESENTATIVE — DATE CG EN GN 0029 09 96 NAMED INSURED: Ortiz Asphalt Paving Inc POLICY NUMBER: Al CG95550900 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As fequired by vin Man conttael. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endoreement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any riglH of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work' done under a contract with that person or organization and included in the - 'products- compteted operations hazard'. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY P'F.ASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING BUSINESS AUTO COVERAGE FORM The following is added to Section ll — Liability Coverage, A. — Coverage, t Who Is An Insured: d. Any person or o rgan zadon to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requbed you to tumish insurance to that person or organization of the type provided by this policy. but only with respect to Lability arising out of your operations or premises owned by or rented :o you. Huwever, the insurance provided will not exceed the lessor of'. 1 The coverege or limits Of this policy. or 2 The coverage or limits required by said contract or agreement Named Insured Ortiz Asphalt Paving Inc %lmy Number Ai('.AA5550900 Endorsement No. 7 /Irtp I Entlorsement Effective Date I7/1 iog — Inunanrn Services Inc f��_� 7/1!09 A IZED REPRESENTATIVE DATE CA EN GN OD20 D3 07 ®Old Republic Insurance Company 020013 SilverPlume Reference Systems Inc. All Rights Reserved OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENUORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS ALTO COVERAGE FORM The following Is added to Section IV- Business Auto Conditions, A -Loss Conditions, S. - Transfer of Rights of Recovery Against Others to Us' However, we will waive any right of recovery we have against any person or organizaton with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an'accident' or °loss' ff: (1) The `accident' or'loss" is due to operations undertaken In accordance WWI) a Written contract exlsnng between you and such person or organization; and 12) The contract or agreement was entered into priorto any "accident' or "loss." No waiver cf the right of recovery will directly or indirectly appiy to your employees or employees of the person or organization, and we reserve our rights of lien to be reimbursed for any recovery funds obtained by any injured employee. Ortiz Asphalt Paving Inc AlCA95550900 Name Alliant Insurance Services Inc FI R2E EPRESENTATIVE DATE CA EN GN 0021 09 06 @Old Republic Insurance Company 02008 SilverPlume Reference Systems, Inc. All Rights Reserved. OLD REPUBLIC GENERAL INSURANCE CORPORATION 1VAIVER OF OUR RIGHT TO RECOVER FROM OTHERS.ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments train anyone liable for an Injury covered by this policy. We will not enforce outright against the person or organization named In the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premmm charge for this endorsement is $0.00. Named Insured Ortiz Asphalt Paving Inc Polley Number Policy Penod A1(;W95550900 Endorsement No Endorsement Effective Date: 7/1109 7/1/09- 7/1110 Producer's Name: Alilant Insurance Services, Inc. Preducer Number: Z)W, ? 7/1/09 tnwa,/i,__,.� U HORiZED REPRESENTATIVE DATE We 99 03 15 109108) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10/09/2009 Dept. /Contact Received From: Shauna Oyler Date Completed: 10/12/2009 Sent to: Shauna Company /Person required to have certificate: GENERAL LIABILITY By: Michelle Ross Ortiz Asphalt - Revised A. INSURANCE COMPANY: Old Republic General B. AM BEST RATING (A: VII or greater): "A "(IX) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Completed Operations status does not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? $1,000,000 with a $10,000,000 Umbrella N Yes ❑ No N Yes ❑ No NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Old Republic General B. AM BEST RATING (A: VII or greater) "A" (IX) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 with a What is limits provided? $10,000,000 Umbrella E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? N Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Old Republic General B. AM BEST RATING (A: VII or greater): "A" (IX) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Ed. 8 2009 ® Yes ❑ No A-11/,q- SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GFxca AT, —The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov - emment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions. Federal -Aid Construction Contracts, "Form FHWA 1273. are included in this Section 14. whenever in said required contract provisions references are made to "SHA coutractiug officer", "SHA resident engineer", or "authorized representative of the SHA ", such references shall be c untmed to mean "Engincn" as defined in Section 1 -1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT. —In ad- dition to the provisions in Section II, "Nondiscrimination." and Section VII, "Subletting or Assigning the Contract," of die re- quired contract provisions, the Contactor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request fm subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON - COLLUSION PROVISION. —The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23. United States Code. Section 112. requires as a condi- tion precedent to approval by the Federal ifiehway Administrator of the contract for this work that each bidder file a swom statement executed by, or on behalf of, the person. firm association. or corporation to whom such contract is to be awarded, certifying that such person, firm. association. or corporation has not. either directly or indirectly, entered into any agreement, participated in any collision, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non- collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28. USC, Sec. 1746, is included in the proposal. PARTICIPATION BY 'MINORITY BUSINESS EN- TERPRISES IN SUBC'ONTRAC'TING. —Part 26, Title 49. Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or jn its entirety within other sections of these special prosisiom. Schedule B— lufomiadon for Determining Joint Venture Eli - gibiln) (This form need not be filled in if all joint venture firms are mtmrity owned) FR-1 1. Name of joint venture 2. Address of joint vennne 3. Phone number of joint venture 4. Identify the firths, which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non -MBE joint venturer: 5. Nature of the joint venrttre's business 6. Provide a copy of the joint venture agreernrnt. 7. What is the claimed pementage of MBE ownership,. 8. Owner,hip of joint venture: (This need not be filled in if described in the joint venture agreement. provided by question 6.). Revised 3-95 08 -07 -95 P/#- a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to -day management and policy decision - making, including, but not limited to, those with prime responsibility for. a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel _ 4. Purchasing of major items or supplies C. Supervision of field operations Note. —If. after filing this Schedule B and before the comple- tion of the joint vetntre's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the &ranee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further. the undersigned covenant and agree to provide to grantee eminent, complete And accurate information regarding ac- tual joint venture work and the payment therefore and :my pro- posed changes in any of the jour venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of die grantee or the Federal funding agency_ Any material tvisrepresentatiou will be grounds for terminating any contract which may be awarded and for initiating actiwm under Federal or State laws concerning false statements." Rmsed 3.95 OB -07 -95 FR -2 ........................................... ... ................... ......... ............... _........... Name of Firm Name of Firm it IN: Signanve Name Name Title Title Date Date Date State of County of On this day of , 19 , before me Appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorind by (Name of firm) to execrate the affidavit and did so as his or her five act and deed. Notary Public Counnission expires [Sell] Date State of County of On this day of . 19 —, before me Appeared (Name) to rare personally known, who. being duly sworn did execute the foregoing affidavit. aid did state that he or she was properly authorized by (Name of fit 111) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal) REo LriRED CONTRACT PROVISIONS FEDERAI,AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page 1. G eneral ........................................ ............................... 3 IL Nondiscrimination ....................... ............................... 3 III. Nonsegregated Facilities ............ ............................... 5 IV. Payment of Predetermined Minimum Wage .............. 6 V. Statements and Payrolls .............. ............................... 8 VI. Record of Materials, Supplies, and Labor .................. 9 VII. Subletting or Assigning the Contract ......................... 9 VIII. Safety: Accident Prevention ....... ............................... 10 DC. False Statements Concerning Highway Project........,. 10 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ................... ............................... 10 XI. Certification Regarding Debarment, Suspension, Ineligibility. and Voluntary Exclusion ....................... 11 X11. Certification Regarding Use of Contract Foods for Lobbying..................................... ............................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL I. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of wmken under the contractor's immediate super'intandence and to all work perforned on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section. die con- tractor shall insert it each subcontract all of the stipulations contained in these Required Contract Provisions. and farther re- quire their inclusion in any lower tier subcontract or purchase order that my in nun be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tin' subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quircd Contract Piovisiau shall be sufficient grounds for termi- nation of the con6wet. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, pain o_raph 2: Section 1V, paragraphs L 2 3. 4, and 7: Section V. paragraphs 1 and 2a rluough 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except pan@aph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Dcparttuent of Labor (DOL) as set forth in 29 CFR 5.6. and 7. Disputes within the meaning of this clause include dispputes between the contractor (or any of its snbcontr actors) and the contracting agency, the DOL, or the eanractor s employees or their represeatatives. 6. Selection of Labor: During the perfmisance of this contract, the contractor shall not: a. discriminate against labor from any other State. possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release. or probation. II. NONDISCRUMNATION rclApplicable to all Federal -aid construction contracts and to all attd subcontracts of $10,000 or more.) I. Equal Em ioyetent Opportnmty Equal loyment aa000� ity (EEO) requirements not to discriminate turd to take }� ve action to assure equal opportunity as set forth tinder laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions rescribed herein, and im- posed pursuant to 23 U.S.C. 140 shalt constitute the EEO and specific affrmnative action standards for the contractor's project activities under this contract Ilse Equal Opportu ity Construction Contract Specifications set forth under 41 CFR 60.4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 ate incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following nunimant specific requirement activities of EEO: a. the contractor will work with the State Highway agency (SHA) and the Federal Govcnunere in carrying out EEO obli- gations and in their review- of his.'hcr activities under the con- tract. b. The contactor will accept as his operating policy the following .statement: '7t ir the policy of this Company to assm'e that applicants are emploYed, and that employees are treated during emplgwneat, without regard to their race, religion, sex, color, national origin, age or disatuhty. Such action shall mclade: emplal-mern, upgrading dernahon, or aansfer, recruitment ar' vernntinent ad- verrising; fmvfor termmanan; rates aj pat' or other jorea of compensation; and selection for training, mctudi g apprennce- ship, preapprenticeship, andlor on- the-job nutnnig." ..EEO Officer: The contractor will designate and make known to the SHA contracting officers au EEO Officer who will have the responsibility for amt mast be capable of effectively Form 1273 — Revised 3 -95 Da -07.95 FR -3 admhustering and promoting an active contmctor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All Members of the contmetoi's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who arc substantially involved in such action, will be made fully cognizant of, and will implement, the conimctm's EEO policy and contractual responsibilities to provide EEO in each grade and Classification of employment. To ensure that the above agreement will be stet, the following actions will be taken as a minimlun: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contmetor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be ins acted by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of Meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will. unless precluded by a valid bmgahiung agreemerd. conduct systematic and direct recruitment tluough public and private employee referral somces likely to yield qualified minority group applicants. To meet this requirement. die contractor wdl identify sources of potential minority gronp employees. and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the connector has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to obseive rite provisions of that agreement to the extent that the system permits the contnetor's compliatee with EEO contract provisions. (The DOL bas held that where implementation of such agreements has the effect of discriminating against minorities or women, or obligates tine contractor to do the same. such implementation violates Executive Order 11246. as amended.) c Titre contractor will encourage his present employees to Ftam 1273 — Revised 3 -95 95-07 -95 refer minority group applicants for employment. Information and procedures with regard to referring nnmorn y group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, Promotion. transfer, demotion, layoff, and termination, shall be taken without rcgazd to MCC, Color, religion, sex, national origin, age or disability. The following procedures shall be followed: FR-4 a. The contractor will Conduct periodic inspections of p9ect sites to insure that wonting conditions and employee facilities do not indicate discrimmatoty treatrncnt of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. C. The contractor will periodically review selected personnel actions in depth to detennine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take Corrective action If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrmuumioa made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints. and will take appropriate cortective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other then the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees. avd applicants for employment. b. Consistent with the contractor's work force requirements and as penmssible under Federal and State regulations, the contractor shall make full use of paining pro g�'nms i.e., apprenticeship, and on- the -job paining programs of r the ge- ographical area of contract perfornu mcc. where feasible, 25 pzrcem of apprentices or tmhnces in each occupation shall be in their Grst year of apprenticeship or training. In the event a special provision for training is provided corder this contract. this subparagraph will be supeiseded as indicated in the special plvvisiou. c. The coutractor will advise employees aid applicants for employment of available tiaiuing programs and entrance re- quneincuts for each_ d. The contractor will periodically review the training and promotion potential of Minority group and women employees and will encourage eligible employees to apply for such mining and promotion. 7. Unions: If the contractor relics in whole or in part unippoon unions as a source of employees, the contractor will use hislhv best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions. acrd to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members avid women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to fimnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining a�zenmin the contractor will. through independent recruitment efforts, fill the employment vacancies without reward to race. color, religion. sex. national origin. age or disability; making full cfforts to obtain qualified ancFor qualifiable minority group persons and women. (The DOL has held (hat it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral foiled to refer minority employees.) In due event the union referral prac- tice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended aJ these special provisions. such contractor shall immediately notify the SHA. S. Selection of Subcontractors, I'menrement of Materials and Uashag of Equipment: The contactor shall not discriminate on the erommds of rote, color, religion, sex, national origin. age or disability in the .selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his'her EEO obligations unde' this contract. b. Disadvantaged busines, enterprises (DBE). as defined in 49 C'FR ?6. start have equal oppoitututy to compete for and perform subcontracts which the contractor caters into pursuam to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with numingbd minority group and female representation among their employms. Contractors shall obtain lists of DBE construction funs from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obheations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such retorts shall be retained for a period of three years following completion of the contract work and shall be available at reasouable times and places for inspection by au- thorized representatives of the SHA and fire FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project: (2) The progress and efforts being madc in cooperation with unions, when applicable, to increase employment op- pornmities for mirimnes and women; (3) The progress and efforts being made in locating, trace trammg, qualifying, acid upgrading minority and fcr ale culployees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employces- b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently en aged in each work classification required by the contract work. This information is to be reported on Form FHWA -1391. If on- the-job training is being required by special =n provision, the contractor will be required to collect and report data. III NONSEGREGATED FACILITIES (A•U�Ulicable to all Federal -aid construction contacts and to all relate of $IO.00O or itlors.) FR-5 R. By submission of this bid. the execution of this contract or subcontract. or the consummation of this material supply a�gteement or pmehase order, as appropriate. the bidder. Federal - md comtructiou contractor, subcontractor, material supplier, or vendor. as appropriate, certifies that the firm does not maintain or provide for its enmployees any segregated facilities at any of its establishments. and that the firm does not permit its employees to perform thew seavices at any location, under its control. where segregated facilities ate maintained. The firm agrees that a breach related certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term " segregated facilities" means am waiting rooms. aod, areas. restroonis and wasluoons. restaunnts and other eating areas. time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive. or are, in fact, seg- regated on the basis of race, color. religion. national origin, age or disability, because of habit. local custom. or otherwise. The only exception will be fm the disabled when the demands for accessibility override (e.g. disabled parking). Form 1273.— Revised 3-95 0307-93 c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consrrnmtation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. 1V, PAYMENT OF PREDETERINMED TiLVL- UNI WAGE (Applicable to all Fcdcral -aid construction contracts exceeding 52A00 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collector. which arc exempt.) 1. General: s. All mechanics and laborers employed ar working upon the site of the work will be paid unconditionally and not less often than once a week and withmu subsequent deduction or rebate on any account [except such payroll deductions as arc permitted by regulations (29 CFR 3)] Issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) chic at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "ihc wage determination') which is attached hereto and made a part hacof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mecbanics are considered wages paid to such laborer or nieehanies, subject to the provisions of Section N. paragraph 3b, hercof. Also. for the purpose of this Sectiou. It gular contributions trade or costs incurred for more than a weekly period (btu not less often than quarterly) under plans. funds, or programs, which cover the particular weekly period. are deemed to be constructively made or incurred daring such weekly period. Such laborers and mcclutnics shall be paid the appropriate wage rate and hinge benefits on the wage deter- ruination for the classification of work actually performed. without regard to skill. except as provided ita paragraphs 4 and 5 of this Section IV. b Laborer or mechanics perforrniuo nark in more than one classification stay be compensated at the rote specified for each classification for die time actually worked therein, provided, that the employers payroll records accurately set forth the bate spent in each classification in which work is perfomud. c. All rmlings and interpretations of the Davis -Bacon Act atul related acts contained in 29 CFR 1. 3, and 5 are herein incorporated by reference in this contract. Form 1273 — ltewwd 3.95 09 -07 -95 FR -6 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the connect, which is not listed 'an the waggec determination, shalt be classified in conformance with tle wage detavrimation. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional class fi- cation requested is not perforated by a classification in the wage determination: (2) the additional classification is utilized in the area by the construction industry: (3) the proposed wage rate. including any bona fide fringe benefits. bears a reasonable relations ''¢ to the wage rates contained in the wage dctaminati= and (4) with respect to hclpas, when such a classification prevails in the area in which the work is performed. C. If the contractor or snbco¢tracton, as appropriate, die laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits what appropriate), a report of the action taken shall be sent by the contracting I. to the DOL, Administrator of the Wage and Hots Division, Employment Standards Administration, Washington, D.C. 202I0. The Wage and How Administrator.. or an authorized representative, will approve, modify. or disapprove every additional classification action within 30 days of receipt and so advise the contractbte officer or will notify the contracting officer within the 30 -day period that additional time is necessary d. In the event due contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the addi- tiouat classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate). the contracting officer shall rifer the questions, including the views of - all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for deteimittahon. Said Administrator, or an authorized representative, will issue a detemunation within 30 days of receipt and so advise the contracting officer or will notify the contacting officer within die 30 -day period that addironal time is necessary e. -nic usage rate (including fringe Waiefits whet appropriate) deternrined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontracton. as appropriate, shall either pay die benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalem thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustm or other third person, he/she may consider as a pad of the wages of any laborer cr mechanic the amount of any costs reasonably anticipated in providing bone fide fringe benefits tinder a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable stmrdsrds 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. A. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they pe'formed when they are employed pursuant to and individually registered in a bona fide apprenticeship program reggirsstered with the DOL, Employment and Trainmg Administmd", Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not indrvtdually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training err a State apprenticeship agency (where appmpriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to jotrmeyuman -level employees on the job site in any craft classification shall not be greater than die ratio permitted to the contractor as to the entire work force under the registered program Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. hi addition any apprentice performing work on the job site in excess of the ratio permitted under the regisier'ed program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed, Where a contractor or subcontractor rs performing constnrCnon on a project in a locality other than that in w1jich its program is registered, the ratios and wage rates (expressed in percentages of dhe jounreynran -level houriv rate) specified in the contractor's or snbcontactor's registered program shall be observed. (3) Emery apprentice anrst be paid at trot less than the rate specified in the registered program for rite apprentice's level of prowes'. expressed as a perceuraee of the joumeyman- level liomiy rate specified in the applicable image determation. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship proeram does not specify fringe benefits, apprentices must be paid the full amont of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. FR-7 (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recogn¢ed g the Bureau, wilhdraws approval a an nceship program, dx contractor or subcorrlr ctor will m longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved b. Trainees: (I) Except as provided in 29 CFR 5.16, Trainees will not be permitted to work at less than the predetermined rate for the work pperfarmed unless they are employed Pursuant to and iudividunity registered in a program which has received prior approval, evidenced by formal certification by the DOL Employment and Training Adminishation. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater dhmt permitted under the plan approved by the Employment and Training Administration. Any employee listed an the payroll at a trainee rate who is not registered and padinipatins to a training plan alrproved by the Employment and Tramiug Administration shall be paid not less than the applicable wagge rate on the wage determination, for the classification of work actually performed In addition, any trainee performing work on the job site in access of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every traince must be paid at not less than the rate specified in the approved program for his/her level of ptvgms, expressed as a percentage of the jauneyman -level hourly rate specified in The applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee progmrn. If the trainee program does not mention fringe benefits, trainees shall be paid the full frin amount of ge benefits listed on die wage said unless the Administrator of the Wage and Hour Division determines that there is mr apprenticeship program associated with the corresponding journeytuatr- level wage rate on the wage determination which pivvides for less than full fringe benefits for apprentices. in which case such trainees shall re- ceive the sane hinge benefits as apprentices. (d) In the event the Employment and Training Adnriuis- hiltion withdraws approval of a Training program the cmi- haetor or subcontractor will no longer be permitted to utilize trainees at less thau the applicable prcdetennined rate for the work performed until an acceptable proarwt is approved. C. Helpers: Hel is will be permitted to work on a project if the helper - (assit%atiou is specified end defined on the applicable wage determination or' is approved pursuant ro the conformance procedure set fork in Section N.2. Any worker listed on a payroll at a helper tcage rate, who is not a herpes' under all approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per-fomhed. Form 1273 — Revised 3-95 Oa -07 -95 California Business Search Page 1 of i DISCLAMER: The information displayed here is current as of SEP 18, 2049 and is updated weekly. it is not a complete or certified record of the Corporation. Corporation ORTIZ ASPHALT PAVING, INC. Number: C2695219 Date Filed: 1/3/2005 Status: active Jurisdiction: California Address 382 E ORANGESHOW RD SAN BERNARDINO, CA 92408 Agent for Service of Process BRUCE KEVIN ORTIZ 382 E ORANGESHOW RD SAN BERNARDMO, CA 92408 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumbet= C2695219 &printer —yes 09/22/2009 Check a License or Home Improvement Salesperson (H[S) Registration - Contractors Stat... Page I of 1 Department of Consumer Affairs Contractors State Li a oard Contractor's License Detail - License # 814766 ® DISCLAIMER: A license status check provides information taken Prom the CSLB license database. Before relying on this Information, you should be aware of the following limitations. ->> CSLB, complaint disclosure is restricted by law (BSP 7124.6)• If this entity Is subject to public complaint disciosum. a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. ->> Per B &P 7071.1 . only construction related civil judgments reported to the CSLB are disclosed. >> Arbitrations are not listed unless the contractor Nails to comply with the terms of the arbitration. -» Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 814766 Extract Date: 0912212009 ORTIZ ASPHALT PAVING INC Business Information: P O BOX 883 COLTON, CA 92324 _ ............._._I........._.. ,.. .. _.._....... Business Phone Number. (909) 366 -1200 _.....___.._.._.__— .______.._._ Entity: .............................. Corporation .... ...... ........................ Issue Date: 11/14/2002 Reissue Date: . .... . _... _.. 03x1712006 .. ................._ ............_..... _ _ ........... ._.._._.... ._............ _ Expire Date: .. ...........I...............__.. 03131/2010 ... .. .. .............. License Status: This license Is current and active. All information below should be reviewed. ............I ........... .......... ........ ......._ _.. . CLASS DESCRIPTION Classifications: C12 EARTHWORK AND PAVING A GENERAL ENGINEERING CONTRACTOR .. . .. ...:........ .. . . . .... CONTRACTOR'S BOND This license filed Contractor's Bond number 105258264 in the amount of $12,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Effective Date: 03117/2009 Cog1taclor's Bonding His lory Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BRUCE KEVIN ORTIZ certified that he /she owns 10 percent or more of the voting stocklequity of the corporation. A bond of qualifying individual is not required. Effective Date: 1012112008 BQrs Bonding History This license has workers compensation insurance with the OLD REPUBLIC INSURANCE COMPANY Policy Number: AlCW95550900 Workers' Compensation: Effective Date: 0710112009 Expire Date: 07/0112010 Workers' Compensation History Miscellaneous Information: DATE DESCRIPTION 03/17/2006 LICENSE REISSUEDTO ANOTHER ENTITY Q&d ftfi.0S.gf Us I Prl c P lic Copyright © 20D9 State of Califomia https:// www2. csl b. ca. gov/ OnlineServices /CheckLicense[LicenseDetail.asp 09/22/2009 uvi ro, �u un wnu ro: ou rs.n CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BALBOA BOULEVARD PAV CONTRACT DATE: Sept. 16, 2009 BY: —" Deputy TO: ALL PLANHOLDERS Page: 1 of 1 'ATION Engineer The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remains the same. PROPOSAL Bid Item No. 7 — Delete "4,5000 TN" and replace with "4,500 TN" Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date � 5 «��z al -C iiEii:`ia —� Aut ofized tgnature & Title fAuserslpbMsharedtcontrectslfy 09- Mbalboa blvd pavement rehab c- 41441addendum #1.doc ACTION WITHOUT A MEETING OF THE BOARD OF DIRECTORS OF ORTIZ ASPHALT PAVING COMPANY A California Corporation I, David Ortiz ,the Vice President ORTIZ ASPHALT PAVING COMPANY do hereby certitr that the (Name of Corporation) following resolution was adopted by the Board of Directors of that Corporation on March 05,2009 and is still in full force and effect. Authority of Officers - Construction Projects - Bidding, Contracting and Other. The following resolution is adopted. i Resolved that each of the following -named officers of this corporation is authori, And to bind this corporation with respect to any construction project or contract including, without limitation: Signing and submission of bid and relate signing of contract and related documents, whether resulting from bid, ne otherwise; signing of any other documents in connection with negotiating, bid, into, or performing the project or contract; and applying for or signing s connection with the project or contract. Name of Individual Bruce Ortiz David Ortiz Jeffrey Shira GaryJones BrittneyCastro Candice Arce Title/Rank The authority recited above shall remain in full force and effect through January 1. 2011 or until such earlier time that the authority is rescir modified and actual notice of such rescission or modification is given to any to whom notice of the authority has been given. May 15, 2009 Date ;d to act for construction l documents; otiations, or ing, entering iy bonds in or 1559 Midnight Sun Dr. Beaumont, Ca. 92223 (909)634 -4847 Cellular Eric S. Kizziar Objective A Local 12 member with A list status seeking an increasingly responsible position in construction, construction supervision or construction management. Experience 2008 -2009 Silvia Construction Inc. Rancho Cucamonga, CA Public Works Foreman Served as a Public Works foreman. Duties include the coordination and scheduling of materials, crews and subcontractors, as well as the execution of contracts and billings on projects supervised in accordance with plans and specifications of the governing agency. • Assist in Paving Operations as needed. 2002 -2008 Elite Bobcat Service Inc. Corona, CA Grade, Pave &Public Works Foreman • Served as a Public Works foreman. Duties include the coordination and scheduling of materials, crews and subcontractors, as well as the execution of contracts and billings on projects supervised in accordance with plans and specifications of the governing agency. • Continued duties of a grade and pave foreman. 2000 -2002 Hillcrest Construction Inc. Corona, CA Grade & Pave Foreman • Continued the duties of a grade and pave foreman. • Responsible for lay out of paving limits and fill elevations of final overlays in accordance with plan and specifications. 1999 -2000 National Paving Co. Rubidoux, CA General Superintendent • Responsible for the reorganization of paving operations to maximize efficiency, productivity, and quality. • Involved in all aspects of field operations. • Continued the duties of a grading and paving foreman, shortly there after as superintendent. 1998 -1999 Ben's Asphalt & Seal coating Inc. Santa Ana, CA Superintendent • Continued the duties of a superintendent. • Participated in weekly management meetings regarding productivity and efficiency of field operations. • Coordinated the scheduling of all jobs for grade, pave, concrete, and seal crews, as well as all materials. Grade & Pave Foreman • Responsible for production and management of project and crew supervised. Established elevations for all grading projects. • Responsible for providing a safe work environment for crew and coordination with project safety officers. 1993 -1998 All American Asphalt Corona, CA Area Superintendent-, Orange, Riverside, San Bernardino Counties (95 -98) • Responsible for all aspects of grading, paving, and concrete operations for both private and public works projects. Scheduled materials, crews, and equipment. Worked with job foreman to expedite completion of job according to plan and specifications. Coordinated operations to the satisfaction of the governing agencies. • Responsible for keeping actual costs of materials, labor, and equipment at or below projected budget for each supervised contract. • Responsible for the scheduling and supervision of all sub - contractors. Asphalt Lead man (93 -95) • Worked under the direction of a foreman as crew truck operator to transport materials for paving crew in a timely manner and obtain optimum performance of assigned crew. • Excelled in providing safe traffic control and traffic control planning for paving operations. Knowledgeable of both W.A.T.C.H. book and D.O.T. traffic regulations and commended by local traffic engineering and law enforcement agencies for traffic control safety. General labor, Shift leader (92 -93) • Reported to general manager and responsible for swing shift operations. • Coordinated loading of construction crew trucks for daily concrete and paving operations. Education 1991 -1993 Fullerton College Fullerton, Ca General Education, Police Science, 15 units. 1987 -1991 Esperanza H.S. Anaheim, Ca • Graduated June, 1991 • Varsity wrestling, Advanced Automotive, and Recreational Leadership. References Tom B. Nanci, General Superintendent, Elite Bobcat Service Inc. Phone, work (951) 279 -6869 x128 Cellular (714) 448 -1418 Victor Diaz, General Superintendent, Hillcrest Contracting Inc. Phone; work (909)273 -9600 Jim Harnetiaux, Construction Manager, All American Asphalt Phone; work (909)736- 7600x2051 Other professional and personal references upon request NO'S'" SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL. —The work Ixrew proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov - nwuent and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions. Federal -Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer ", "SHA resident engineer". or "authorized representative of the SHA ", such mfierctces shall be construed to mean "Engineer" as defined in Section 1 -1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT. —In ad- dition to the provisions in Section E, 'Nondiscrimination. " and Section VII, "Subletting or Assigning the Contract." of the re, gjile. l contract Provisions, the Contractor Shag comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON - TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered undo the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above. executed by the proposed subcontractor. NON - COLLUSION PROVISION.—The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112; requires as a eon& tion precedent to approval by the Federal Highway Administrator of the contract for this wolf; that each bidder Ale a swom statement executed by, or on behalf of. the person. film, association. or corporation to whom such contract is to be awarded, certifying that such person. firm, association. or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of See competitive bidding in connection wilt. the submitted bid. A form to make the non - collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a swom statement as pemutted by 28. USC, Sec. 1746. is included in tine Proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING. —Put 26. Title 49, Code of Federal Rceubtions applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special Provisions. Schedule B— lnfornmanon fur Detcrnnining Joint Venture Eh- gibility (This form need not be filled in if all joint venture firms are minority owned.) FR -I 1. Name of joint venture 2. Addmss of joint venture 3. Phone numher of joint venture 4. Identify the firms, which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience raid business qualifications of each non -MBE joint v'entwer: i. Nature of the joint ventures business 6. Provide a copy of thejoi t venture agreement. 7.1%Miat is the claimed percentage of MBE ownership? _ 8. Ownership of joint venuree: (This need not be filled iu if described in the toot venhu'e agreement. pivvrfted by question 6.j. Fevfser 3.95 09-07-95 a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sm. aid "firm" those individuals (and their titles) who are y ible for day -to -day management and policy decision-making. including, but not limited to, those with prime responsibility for. a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of managamamit personnel a. Purchasing of major items or supplies C. Supervision of field operations Note. —I£ after filing this Schedule B and before the comple- tion of the joint vatnire's work on the contract covered by this regulation. there is any significant change in the infornimion submitted, the joint venture mast inforn the grantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned ssvcar that the foregoing statements are cor- rect and include all material iuforawtion necessary to identify and explain the terms and operation, of our joint vennue and the intended participation by each joint vemurcr in the undertaking. Further. the undersigned covenant mid agree in provide to grantee current, complete and accurate information regarding ac- tual joint venhuc work aid tine payment therefore and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venhtre. or those of each joint venturer relevant to tire joint vennue, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action wider Federal or State laws concerning false statements." Re.'rted 3 -95 0"7 -9i FR -2 Nano of Firm Name of Firm Signaturc Signature Name Name Title Title Date Date State of _ County of Date On this _ day of , 19 _, before me appeared (Name) to we personally known, who, being duly swam, did execute the fo -going affi- davit. and did stele that he or she was properly authorized by (Name of firm) to mccutc the affidavit and did so as his or her free act and deed. Notary Public _ Comuuission expires [Seal] Date State of County of (tin this _ day of 19 _, before we appeared (Name) to me personally known. who. being duly sxvont, did execute the foregoing affidavit. and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so ao his or her free act and deed. Notary Public Comamsiou expires [Seal] REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) AT rACHNIENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL L These contract provisions shall apply to all work performed ou the contract by the contractor's own organintiou and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contact by piecework: station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order' drat way in turn be nude. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tiff subcontractor will, these Required Contract provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provision shall be sufficient arormds for termi- nation of the contact. 4. A breach of the follmt ine clauses of the Required Contract Provisions may also be sounds for debarment as provided in 29 CFR 5.12: Section I- paragraph 2 Section IV. lmragi aphs 1. 2. 3. 3. and `: Section V. paag,aphs 1 and 2n tluough 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisious shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Deportment of Labor (DOL) as set forth in 29 CFR 5.6. and 7. Disputes within the meanine of this clause include disputes between the contractor (or any of its subcontmclors) and the contracting agency. the DOL. or the contractor's employees or their represantatices. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession or territory of the United States (except for emplo t preference for Appalachian contracts, when applicable. m specified in Attachment A). or b. employ convict labor for any purpose within the limits of the protect unless it is labor perforated by convicts who are on parole, supervised release, or probation. IL NONDISCRI1.11NATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to rtiscramnae and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed pursraat to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this coirtraeL The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60.43 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this coutmet. In the execution of this contract, the contractor agrees to comply with the following minimlum specific requireruen activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of his.'her activities under the con- tract. b. The contractor will accept as his operating policy the following statement: It is the poliev of this Comparry to assure that applicants are erriplol'ed, and that emplovees are treated dunng enplorrnent, without regard to their race, religioh, sex, color, national artgin, age or disabilit.v. Such action shall include: eniplotvnent, upgrading, dernorion, ar transfer; recruitment or reerva rnott ad- ivrrtsrng; tar of or tennmanwi; rates of par or other forms of compeasanon; and seiecnon for raining, ineludoig apprentace. ship, preappre,inceship, anrdlor on- the,iob training." '.EEO Officer: The cantractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Foau 1273 — Revised 3 -95 00 -07 -93 FR -3 Page 1. General ........................................ ............................... 3 U. Nondiscrimination ....................... ............................... 3 III. Nonsegregated Facilities ............. ............................... 5 f V. Payment of Predetermined Minimum Wage .............. 6 V. Statements and payrolls .............. ............................... 8 VT. Record of Materials. Supplies, and Labor ................. 9 Vlt. Subletting or Assiguing the Contract ......................... 9 VIII. Safety: Accident Prevention ....... ............................... 10 IX. False Statements Concerning Highway Project.......... 10 X. Implcuumation of Clean Air Act and Federal Water Pollution Control Act ................... ............................... 10 M. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ....................... I i XIL Certification Regarding Use of Contract Funds far Lobbying..................................... ............................... 12 AT rACHNIENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL L These contract provisions shall apply to all work performed ou the contract by the contractor's own organintiou and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contact by piecework: station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order' drat way in turn be nude. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tiff subcontractor will, these Required Contract provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provision shall be sufficient arormds for termi- nation of the contact. 4. A breach of the follmt ine clauses of the Required Contract Provisions may also be sounds for debarment as provided in 29 CFR 5.12: Section I- paragraph 2 Section IV. lmragi aphs 1. 2. 3. 3. and `: Section V. paag,aphs 1 and 2n tluough 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisious shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Deportment of Labor (DOL) as set forth in 29 CFR 5.6. and 7. Disputes within the meanine of this clause include disputes between the contractor (or any of its subcontmclors) and the contracting agency. the DOL. or the contractor's employees or their represantatices. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession or territory of the United States (except for emplo t preference for Appalachian contracts, when applicable. m specified in Attachment A). or b. employ convict labor for any purpose within the limits of the protect unless it is labor perforated by convicts who are on parole, supervised release, or probation. IL NONDISCRI1.11NATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to rtiscramnae and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed pursraat to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this coirtraeL The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60.43 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this coutmet. In the execution of this contract, the contractor agrees to comply with the following minimlum specific requireruen activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of his.'her activities under the con- tract. b. The contractor will accept as his operating policy the following statement: It is the poliev of this Comparry to assure that applicants are erriplol'ed, and that emplovees are treated dunng enplorrnent, without regard to their race, religioh, sex, color, national artgin, age or disabilit.v. Such action shall include: eniplotvnent, upgrading, dernorion, ar transfer; recruitment or reerva rnott ad- ivrrtsrng; tar of or tennmanwi; rates of par or other forms of compeasanon; and seiecnon for raining, ineludoig apprentace. ship, preappre,inceship, anrdlor on- the,iob training." '.EEO Officer: The cantractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Foau 1273 — Revised 3 -95 00 -07 -93 FR -3 Zmastaing and ptumoting an active contractor program of EEO and who must be asstgped adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who arc authorized to him, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To cusure that the above agreement will be met, the following actions will be taken as a minimmn: a. Periodic ncethtes of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a dotough indoctnnaticm by the EEO Officer, covering all major aspects of the ccaractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters sating forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment mid potential employees. e. The contractor's EEO policy and the procedures to im- plenenf such policy will be brought to the intention of em- ployees by means of meetings. employee handbooks, or other appropriate means. 4. Recruitment: \when advertising for ennployces. the contractor will include in all advertisemems for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority groups in the area from which the project wont: force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agrecmem. conduct systematic and direct recruitment dmougli Public and private employee reftrral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential no nority group employees. and establsh with such identified soruces procedures whereby minority group appplcams may be referred to the contractor for etiiploymeut cmisicleration- b. In the eveut the connacto has a valid bat s aiuiug agrecmem providing fur exclusive hiring hall referrals. he is expected to observe the provisions of that agreement to the extent that the system petuits the contractor's compliance with EEO contact provisions. (The DOL ias held that where implementation of such agreements has the effect of discriminating against minorities or women or oblieatcs the contractor to do t he same. such implementation viohties Executive Order 11146, as amended.) c. The contractor will encourage his present employees to Form 1273 — Revised 3 -95 98 -07 -45 refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: FR -4 a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate die spread of wages paid within each classification to detemninc any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corectivv action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations trader this contract, will attempt to resolve such complaints. and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifyiue. and meeasmrg the shills of mmmlty group and women employees. and applicants for employment. b. Consistent with the contractor's work fore requirements and as permissible under Federal and State regulations, the contractor shall make fill use of training pro 11111s. i.e.. appee ticesbip. and ou- the -job training programs fen. the ge- ographical area of contract performance. Where feasible. 25 percent of apprentices or o'aimces in each occupation shall berm there first year of npprenneeshnp or training. In the event a special provision £or training is provided under this contract. this subpanagmpi sill be superseded as indicated in rte special provision. e. Tlie eonoaeror will advice employees and applicants for employment of available training programs and entrance re- quirements for each. d. The contractor will periodically review the training and promotion potential of nwnatty group and women employees and a ill encourage eligible employees to apply for such training and pontorion. 7. Unions: If the contactor relics in whole or to part upon unions as a source of employees, the contractor will use bis(her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a conimmor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- eration with the anions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will rue best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race. color, religion, sex. national origin. age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor ration refirscs to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made in obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, rational oriahn. age or disability; making full efforts to obtain qualified andbr qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with winch the contractor has a collectve bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union refenal prac- tice Prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, mad these special provisions, such contractor shall immediately noify the SHA. S. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall nor discrimurale on the grounds of race. color, religion. sex, national origin. age or disability in the selection and retention of subcontractors, including procurement of materials and ]cases of equipment. a. The contactor shall notify all potential subcontractors and suppliers of hislmr EEO obligations under this coohnet. b. Disadvantaged business enterprises (DBE), as defined in 49 C'FR M. shall have equal oppotmrity to compete for and perfonu subcontracts ssfueh the conracwr ewers uvu punnumv to this contract. The contractor will rise his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful ndnorily group and female C re pesentation among their employyees. ontractors shall obtain list's of DBE construction films fi-om SIP, personnel. c The contactor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and ran - minority group members and women employed in each work classification on the project: (2) The progress and effmis being made in cooperation with unions, when applicable, to increase employment op- porumities for minorities and women: (3) The progress and efforts being made nit locating, hiring, training, qualifying. and upgrading minority and female employees; and (4) The progress and efforts being made in securing the senates of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group emphhyces currently engaged in each work classification required by the contract work. This mfomnation is to be reported on Form FHWA -1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III NONSEGREGATED FACILMES (Applicable to all Federal -aid construction contacts and to all related subcontracts of 510.000 or more.) FR -S a. By submission of this bid. the execution of this contract or subcontract. or the consummation of this material supply agreement or purchase order, as appropriate. the bidder. Federal - and construction contractor, subcontractor. material supplier, or vendor. as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, folder its control. where segregated facilities are maintaied. The farm names that a breach of this certification is a violation of flit EEO provisions of this contract. The 5ttn further certifies that no employee will be denied access to idecl m d facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms. work areas restoonts ;ltd washrooms, restaurants and other eating areas. time clocks. locker rooms, and other storage or dressing areas. parking lots, drinking fountains, recreation or entertainment areas. tramsportmion, and housing facilities provided for employees which are segregated by explicit directive. or are. in fact. seg- regated on the basis of race, color, religion, national origu>_ age or disability, because of habit. local customs. or otherwise. The only exce)+tion will be for the disabled when the demands for accessibility override (e.g. disabled parking). Form 1273 — Revised 3 -95 08-0795 a The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10.000 or more and that it will retain such certifications in its files. IV. PAYIMNT OF PREDETERDIINED 11111 MIEUNI WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as arc permitted by regulations (29 CFR 3)] issued by the Sec actaty of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of tlue Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers; and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poste (WH -1321) or Form FHWA -1495) 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits undcr Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborer's or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for die purpose of this Section. regular contributions made or costs incurred for nwre than a weekly period (but not less often than quarterly) under plans, hands. or programs, uhich cover the particular weekly period. are deemed to be constructively made or incurred ed drunlg such weekly period. Such laborers and mechanics shall be paid the approprate wage rate and fringe benefits on the wage deter - manatnn for tine classification of work actually performed . without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics pefrnn» ng work in more than one classification pray be compensated at the rate specified for eae]n classification for de tune actually worked therein. provided. that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR L 3. and 5 are herein incorporated by reference in this contract. Fwm 1273 -8rnsed 3 -95 08 -07 -95 FR -6 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage deternunation, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage dcternnimmion: (2) the additional classification is utilized in the area by the construction industry: (3) the proposed wage rata including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. e. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives, =the contracting officer agree on the classification and wage rate (including the mount desiGnated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL. Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator. or an authorized representative. will approve. modify. or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within true 30 -day period that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate. the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the contracting officer do not agree on die proposed classification and wage rate (including the amount destgmated for fringe benefits, where .appropriate). the contracting officer shall refer the questions. including the views of all interested parties and the recomineudarion of the contracting officer, to the Wage and Hour Adiumisuatot for deternination. Said Administrator, or an authorized representative. will issue a detennination within 30 days of receipt and so advise the contracting officer or will notify the contracting office within the 30-day period that additional time is necessary e. The cage rate ( including fringe benefits where appropriate) detetnnined pursuaut to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification front the rust day on which work is performed in due classification. 3. Payment of Fringe Benefits: a. Whenever the mininmun wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate. the contractor or subcontractors. as appropriate, shall either pay the beucfit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly ease equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third persou, hc/she may consider as a pan of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide Singe 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 Dattis -Bacon Art have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency rcca d by the Bureau, or if a person is employed in his/her fast 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 cenificd by ilne Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to joumeynnan -lead cnipioyees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire wort: force Under the regi%ttrcd prograoi. Any employee listed on a payroll at an apprentice wage rate. who is not registered or otherwiie cuiployed as stated abovt. sliall be paid not less than the applicable wage rate listed ul the stage deterniivation for the cla„ification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio pxmtined under the registered propane shall be paid not less than the applicable stage rate on the wage deteraiinatron for the %cork actually performed. Where a contractor or subcontractor is performing consuuetion on a project in a locality odor than that in which its program is registered, the ratios and wage rates (expressed in perceinges of die jounneyman -lard homy rivet specified in the ccmKactor's or subcontractor's registered program shall be observed. (3) Evny apprentice nmst be paid ar not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman - lecel hourly caic ,pecifecl in the applicable wage determination. Apprentices shall be paid fiingc benefits in accordance with the prosisions of the apprenticeship program. If the apprenticeship program clots not specify fringe benefits. a�pretnces must be paid the full amount of Singc benefits hsted on the wage determination for the applicable classification. if the Administrator for the Wage and Horn Division determines that a different practice prevails for the applicable apprentice classification. fringes shall be paid in accordance with that deeriination. FR -7 (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an appnutneeship program, the contractor or subcontractor will uo longer be permitted to utilize apprentices at less than the applicable predeteamined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except m provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL. Employment and Training Administration. (2) The ratio of trainees to jourrxymm -level employees cot the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually perf coned. In addition, any trainee perforating work on the job site in excess of the ratio ptirnimad under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress. expressed as a percentage of the jotnaeyrom -level hourly rate specified in the applicable wage determination. Trainees shall be paid hinge benefits in accordance with the provisions of the trainee program. If die trainee program does not mention fringe benefits, trainees shall be paid the full amouat of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division detaxnints that there is an appremieeship program associated with the corresponding jomnepian -level wage rate on the wage determination which provides for less than full Surge benefits fen' apprentices. in wliich case such tainets shall re- ceive the same hinge benefits as apprentices. (4) In The event the Employment and Training Achninis- tratiou withdraws approval of a training program, the con- tractor or subcontractor will no longer be permitted to utilim trainees at less than the applicable predetermined rate for the tsork performed until an acceptable program is approved. C, Helper: Helpers will be pernutted in %cork on a project if the helper classification is slxcified and defined on the applicable wage determination or is approved pursuant to the conformance procedsne set forsh in Section IV: ?. Any wovkn listed on a payroll at a helper wage rate. who is not a helper Under an approved definition, shall be paid not less than the applicable wage rate oil the wage determination for the classification of work actually performed. Form @73 — Revised 3 -95 0M7 -95 5. Apprentices and Trainees (Programs of the U.S. DOT): A(rprentices and trainees working under apprenticeship and skill training progtauts which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any otter Federally- assisted contract subject to Davis -Bacon prevailing wage requnements which u held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages requited by the contract. In the event of failure to pay any laborer or mechanic, includin,* any apptetriice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer rimy, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment. advance, or gum mee of funds until such violatimis have ceased. 7. Oveuiime Requirements: No contractor or subcontractor contracting for any part of the contract work which may requite or involve the employment of labor=s. mechanics• watchmen, of guards (including apprentices, bainces. and helpers described in paragraphs 4 and 5 above) shall require or peimt any laboer. mechanic, watchman of guard in any workweek in which he /she is employed on such woj k. to work in excess of 40 hours in such workweek indess such laborer. mechanic, watclmran. or guard receives compensation at a rate not less than one -and -one -half times his her basic rate of pay for all hours worked in excess of 40 hours in such workweek. S. Violation: Liability for Unpaid Rages: Liquidated Damages: In the event Of any violation of the clause set forth in paragraph 7 above. the contactor and any aibcontractor responsible thereof shall be Iiable to the affected employee for his!her unpaid wagcs. In acklition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Colunllbla ci a tcniton% to stwh District of to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer. mcchaaie. watchatim. or guard employed in violation of die clause set forth in paragraph 7. in the sum of $10 fo' each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overime wages requited by the clause set forth in paragraph i. Form 1273 — Revised 3 -95 0"7 -95 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of may authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any ether Federal contract with the sane prime contractor, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act- which is held by the same prime contractor, such sums as tray be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS A M PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2.000 and to all related subooutracts, except for projects located on roadways classified as local roads or Waal collector, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records. FR -8 a. payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor dmieng the course of the work and preserved for a period of 3 tern from the dare of completion of the contract for all laborers, mechanics, apprentices. trainees, watchmen. lulpers, and guards working at the cite of the wok. b. The payroll records shall contain the name. social security number. and address of each such employee; his or her cancer classification: hourly rates of wages paid (including rotes of contributions or costs anticipated for bona fide fringe benefits or cash equisaleut thereof the types described in Section 1(b)(2)(13) of the Danis Bacon Act): daily and weekly number of hours worked: deductions made: and actual wages }mid. In addition. for Appalachian contracts, the payroll records shall contain a notation indicating whether die employee does, or does not, normally reside in the labor area as defined in Attachment A. paragraph 1. 1llneriever die Secretary of Labor, pursuant to Sec- tion IV. parearaph 3b_ has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits colder a plan or program described in Section I(b)(2 -)(B) of the Davis Bacon Act, the connector and each subcouuacior shall nminraui records which show that the conmiumem to provide such benefits is enforceable. drat the plan of program is financially responsible, that the plan or prognnnn has been communicated ht writing to the laborers of mechanics affected, and show the cost anticipated or the actual cost ineurrd in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved progruns shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall famish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wriFes paid each of its employees (including apprentices, trances. and helpers, described in Section IV, paragraphs 4 and 5. and watchmnr and guards en- gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 -005- 0014 -1), U.S. Govenmrent Printing Office. Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or his'ber agent who pays or supersises the payment of the persons employed tinder the contract and shall certify the following: (1) that tare payroll for the payroll period contains the information required to be maintained Trader paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper. apprentice, and trainee) employed on the contract during the payroll period has beta paid the fill 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 (ban permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or nechmric has been paid not less that the applicable wage rate and fiinge benefits or cash equivalent for the classification of worked performed. as specified in the applicable wage determination iucmporated into the contract. c. The weekly submission of a properly executed certification set forth on the reverse side of Optional Fonu WH -347 shall satisfy the requirement for subinissiorn of the "Statement of Compliance" required by paragraph 2d of this Section V. t. The falsification of any of the above ccrtification% miry subject the contractor to civil or ciinunal prosecution under IS U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor sball alike the records re- quired under paragraph 2b of this Section V available for inspec- tion. copying. or musmpaon by authorized representatives of die SHA. the FHWA. or the DOL and shall pet1un such representatives to inict^.'iew employcs dmrvie -o ciknrg boors on the job. If the couuaetor or subcontractor fails to subunit the re- quired records or to make their available, the SHA. the FHWA. the DOL, or all may. alter svn iten notice to the contractor. sponsor. applicant. w owner. take such actions as may be nec- essary to cause the suspension of any f other payment. advance. or guarantee of finds. Furthermore, failure to submit the required records upon request or to make such records available may be grorads for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed an a force account or direct labor basis. highway beautification contracts, and contracts for which the total fInaj construction cost for roadway and bridge is less than $1.000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47. "Statement of Materials and labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work trader this contract. It. Maintain a record of the total east of an materials and supplies purchased for and incorporated in the work. aid also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the nails shown on Form FHWA -47. c. Fumisb, upon the completion of the contract, to tire SHA resident engineer on Form FHWA47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option. either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. V Q. SUBLETTLNG OR ASSIGNING THE CONTRACT ].The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere 61 the contract) of the total original contract price, excluding any specialty items desiguated by the State. Specialty items may be performed by subcontract and the amount of any such .specialty items performed may be deducted from the total original contract price before computing (he amount of work mquimd to be performed by the contractors own organization (23 CFR 635). a. "Its own organization" shall be cornnucd to include only workers employed and paid direeth by the prime contractor and equipment owned or reined by die prime contractor. with or without operators. Such tern does not include employees or equipment of a subcontractor, assignee. or agent of the prime contractol'. FR -9 b. "Specialty Items" shall be consmned to be limited to work that requires highly specialized knowledge, abilities. or equipment not oidinanily available in the type of contracting organizations qualified and expected to bid on the contract as ii whole and in general are to be limited to minor components of the overall contact. Form 1273 — Reveseo 3 -95 08-07 -95 2. The contract amotmt upon which the requirements set forth in paragraph 1 of Section VII is counted includes the cost of material and manufactured products, which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority tD direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its owir organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet. assigned or otherwise disposed of except with the written consent of the SRA contracting officer, or authorized representative. and such consent when given shall not be construed to relieve the contractor of any respouv'bi}ity for the ftmlfilh»au of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it commis all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDEN r PREVENTION 1. In the performance of this contract the ocatraetor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shaft provide all safeguards safety devices and pmtcctive equipment I take airy other needed actions as it detemanes, or as the SHA contrecting officer may determine, to be reasoaabfy necessary to protect the life and health of employees rum fl-3 ob and the safety of the public oriel [o protect property in cormcction with the Pei 0trance of the tvork covered by the contract. 2. It is a condition of this contract. and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract. that due contractor and any subcontractor shall not penmut any employee. in performance of the contract, to work in strtroumdings or under conditions which arc unsanitary. hazardous or dangerous to hisllrer health or safety, as determined under construction safety and health standards (29 CFA 1916) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hour and Safety Standards Act (40 U.S.C. 333). 3. Pursu&ai to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have rioa of entry to any site of contract perfovmnce to inspect or investigate the unatter of compliance with the construction safety aid health standards and to carry out the duties of the Secretor)- wider Section 107 of the Contract 117ork Hours acid Safety Standards Act (40 U.S.C. 333). IX. FALSE STATENI NTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in coinfonan with approved plans and specifications and a high degree of reliability on statements and reprrsenterions made by engineers, connectors, suppliers. and workers on Ftdeml -aid highway projects, it is essential drat all persons concerned with the project perform their fimotions as carefully, thoroughly, and honestly as possible. Willful falsification. distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misuaderstutdmg m- From 1273 — Removal 3.95 08 -07 -95 gaoling the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid hi�way Qroject (23 on CFR 635) in e or more places where it is tea y available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or cotpomtion, knowingly makes any fidse statement false representation, orfalso report as to the character; quality, quantity•, or cost of the material "ad or to be used, or the qumritiry or qunhry of the work performed or to be performed, or the cost theregCin connection with the submission of plans, mops, specifications, connacts, or costs ofmn &wzion on any highway or relaed project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, also repre- sentation, false report ar false claim with r t to t character, I unlity, quarain" or cost of any war* performed or to be per - ornred, or materials ftni fished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary ofTranspatmtion; or Whoever knowingly makes any false statement or false repre. sentation as to material fact in any statement, certrlicate, or report submitted pnrsmrnt to provisions of the Federal-aid Roads riot approved July 1, 1976, 09 Star. 355), as amended and srrp- plemmuedt Shall be fined not more that $10,W0 or imprisoned not more than 5 Years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLI'TION CONTROL ACT (Applicable to all Federal -aid consttuetion contracts and to all related subcontracts of S100.000 or more.) By subudssion of this bid or the execution of this contract, or subcontract. as appropriate, the bidder. Federal -aid construction connractor. or ubcontractoi, as appropriate, will be deemed to have aipulaed as follows: 1. That any facility that is or hill be utilized in the performance of this contract. unless such coubact is exempt under the Clean Air Act. as auended (42 C.S.C. 185" et seq., as amended by Rub. L. 9I -603), and under the Fcdeiai Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.. as anmeoded by Pub. L. 92500). Execwne Oidei 117,iS. and regulations in implementation thereof (40 CFR 15) is not listed. on the date of contract award, on the L`.S. Environmental Protcction Agency (EPA) List of Violating Facilities pw siiant to 40 CFR 15,20 2. That the firm agrees to comply, and remain in compliance with all the mquimrincnts of Section 114 of the Clean Air Act and Section 308 of the Federal Water pollution Control Act and all regulations and euidelines listed thereunder. 3. That the fan shall promptly notify the SHA of the rectipt of any communication front the Director. Office of Federal Activities. EPA. indicating that a facility that is or will be utilized FR -10 for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the fine agrees to include m cause to he included the requirenxnts of paragraph 1 through 4 of this Section X in every nonexempt subcontract and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XL CERTIFICATION REGARDING DEBAPMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXC'LU'SION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing end submitting this proposal, the prospective primly participant is providing the certification set out below. b. The inability of a petsan so provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to cuter into this transaction. However, Lsilm'e of the Prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency detennined to enter into this transaction. If it is later determined that the prospective pnmary paricipant knowingly rendered au erroneous eertificatiou. in addition to other remedies available to the Federal Govenunem, the departinent or agency may teaninste this transaction for cause of default. d,The prospective primary partieipant shall proside un- mediate written notice to the department or agency to wliau this proposal is .submitted if tiny time the prospective primary participant learns that its certification was ervoncau, n$cn submitted of has bcconte enoncons by reason of changed ciTWinstances. e. The terns "covered rnanaction," "debarred." "suspended," "ineligible," 'lower tier covered timsactiom." "participant," person," "primary covered transaction." "principal," "proposal" anti 'voluntarily excluded." a, used in this clause, have the meanings set out in the Definitions and Coverage sections of rides itnpletneuting Executive Order 12549. You may contact the department or agency to which this proposal is submutted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal ilmt- should the proposed covered transaction be entered into. it shall not knowingly enter into any lower tier covered trarnaction with a person who is debarred, suspended, declared ineligible, of voluntarily excluded from participation in this coveted transaction, unless authorized by the depainnent or agency entering into this transaction. FR -11 g. The prospective primary . participant fnrtber agrees . by submitting this proposal that it will include the clause titled "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion -Laver Tier Coveted Transaction,' provided by the department or agency entering into this covered transaction without modification. to all lower tier Covered transactions and in all solicitations for lower tiff covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered trsnsactiou that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the "itification is cnmceons. A participanL7. decide due method and frequency by which it determines igibility of its principals. Each participant mey but is not required to, check the nouprocuremeat portion o£ the "Lists of Parties Excluded From Federal Procurement or Nonprocureffient Programs" (Nmpmcuminent List) which is compiled by the General Services Administration. i. Nothingg contained in the foregoing shall be construed to scquirc ewablishmetrt o£ a system of records in ordar to render in good faith the certification requited by this clause. The knowledge and infommtion of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of thew instructions, if a participant in a coveted transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or vountarily excluded from participation in this transaction. in addition to other remedies available to time Federal Goverment the de- partment or agency may terminate this transaction for cause or default. Certification Regnrding Debarment Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: a. Are not presently debarred. suspended, proposed for debartuent, declared ineligible. or voluntarily excluded from covered transactions by arty Federal department or agency: b. Have not within a 3 -year period preceding this proposal beer, couNicted of ar had a civil judgment rendered against them for commnission of fraud or, a crinninal offense in connection with obtaining. attempting to obtain, or performing a public (Federal. State or local) trmh action or contract under a public transaction: violation of Federal or State, antitrust statutes or conunission of embezzlement. theft• frn-gery.. brilxry, falsification or destruction of records• making false statements, or receiving stolen property: a Ate not presently indicted for or otherwise criminally or civilly charged by a governvnental entity (Federal, State or local) with eonimissionn of my of the offenses enunciated in paragraph I of this certification: and Form 1273 — Recited 3 -95 09 -07-9S d. Have not within a 3 -year period preceding this ap- plication /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Wbere the prospective primary participant is ratable to certify to any of the statements in this certification. such prospective participant shall attach an explanation to this proposal. AANOz 2. Instructions for Certification - Lower Tier Covered Trausaetisms. (Applicable to all subcontracts, purchase orders and orb" lower tier transactions of $25.000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an ermtcous certification. in addition to other remedies available to the Federal Government. the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant earns that its certification was e1'oncous by reason of changed circumstances. d. The Terris "covered Transaction," "debarred." "suspended," "ineligible;" "primary covered transaaioti' "participant;' "person.'" "principal." "proposal." and "voluntarily excluded." as used in this clause, have the mmaninas set out in the Definitions and Coverage Soc6011s 0f ruleS implementing Executiee Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospxetive lower tics participant Tip ecs by submitting this proposal That, should the proposed covered t amaetion be entered inio, it shall not knowingly enter into any lower tier covered Transaction with a person wino is debarred, suspended, declared ineligible. or voltmtaily excluded from participation in this covecd transaction. roses authorized by the department or agency with wltich this transaction originated. f The pro%l chive lore tsar participant further Iaree5 by submitting this proposal that it will include this clause titled "Certification Regm <hng Debar lent. Suspension, hieligibiliry and Voluntary Exclusion -Lmver Tier Covered Transaction." n ithont ntalifcation. in all lower tier covered trasactious and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred. suspended. ineligible, or voluntarily excluded from the covered transaction. imess it knows that the certification is erroneous. A paticipant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may. but is not Fort 1273 — Revised 3.95 OB -07.95 required to, check the Nonproctnemeut List. L Nothing contained in the foregoing shall be construed to require establishment of a system of retards in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings- i. Except for transactions authorizcd under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a Iowa tier covered transaction with a person who is suspended debarred, ineligible, or voluntarily excluded from patiicipation in this transaction, in addition to other remedies available to the Federal Government, the de- parnmeut or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. Certification Regarding Debm anent, Suspeaslou, IuelilgBrthty and Volaitary Exclusion -Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently dtbarred. s�s��ed, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department m agency. 2. Where the prospective lower tier participant is unable to certify to any of die statements in this certification, such prospective participant shall attach an explanation to this proposal. w +aAx X11. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYn'G (Ap lieable to all Federal -aid construction contracts and to all relate wliieh excced $100,000 -49 CPR 20) 1. The prospectivc participant certifies. by signing and subnrittine this bid or proposal. to the best of his or tier knowledge aid belief.. that: a. No Fcde'at appropriated finds have been paid or will be paid. by oi' on behalf of the undersigned. to any person for influencing or attennptmg to influence an officer or employee of any Federal agency. a Vemba of Congress, an office' or employee of Conpess, or an anployce of a -Member of Congress in comicetion with the awarding of any Federal contract, the oinking of any Federal grant. the making of any Federal loan. the entering into of any coopcmtive agreement, and the extension. contiuunitim teneual. amendment, or modification of ary Federal contract. grant, loan. or cooperative agreement. b. If any funds other that Federal appropriated funds have been pain or will be paid to any person for nifluencing or attempting 10 influence an officer of employee of any Federal agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of C ougress in connection with this Federal contract. FR -12 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -M. "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This eenfication is a material representation of fact upon which reliance was placed when this transaction was made or en- tered 'unto. Submission of this certification is a prerequisite for waking or entering into this trmsaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall FEDERAL AID FEMAL be subject to a civil penalty of not less than $10,000 and not more than $100.000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,0M and that all such recipients shall certify and disclose accordingly. E AND MINORITY GOALS In accordance with Section II, 'Nondiscrimination," of t77 Sacramento, CA: 'Required Contract Provisions Fedcral -aid Construction Contracts" the following are the goals for female utilization: SMSA Counties: Sacramento, CA-- .............................. 16.1 Goal fur Women CA Placer; CA Sacramento: CA (applies sationwidc ). ............. (percent) ......... 6.9 CA Yolo. The following are goals for minority utilization: Non -SMSA Counties. ....................... ............... 14.3 CA Butte: CA Colusa; CA El Dorado: CA Glenn'. CALIFORNIA ECONOWC AREA CA Nevada: CA Sierra; CA Sutter, CA Yuba. Croat (Percent) 178 Stockton - Modesto. CA: 174 Redding, CA: SMSA Counties: Non -SMSA Counties .... ............................... 6.8 5170 Modesto. CA ....... ............................... 12.3 CA Lassen: CA Modoc: CA Stanislaus. CA Plmnas; CA Shasta: 8120 Stockton, CA ....... ............................... 24.3 CA 5iskiyou: CA Telwma. CA San Joaquin. 175 Eureka; CA: Nou -SMSA Counties ......... ............................... 19.8 CA Alpine: CA Amador: CA Calaveras: CA Mariposa: Non -SMSA Counties .... ............................... 6.6 CA Merced: CA Tuolumne. CA Del Norte: CA Hun*+ ldt: CA Trinity. 179 Fresno - Bakersfield. CA: 176 San Francisco -Oakland -Sau Jose. CA: SMSA Counties: SMSACounties: 0680 Bakersfield, CA... ............................. 19.1 7120 Salinas- Seaside- CA Kern. 2840 Fresno. CA ........ ..._ .. ........................... 26.1 - Monterey. C" A ............ ............................... 28.9 CA Fresno. CA Monterey. Non -SMSA Counties ................................... 33.6 7360 San Francisco- Oaklmsl. CA. .... 25.6 CA Kings: CA Madera; CA Alameda: CA Contra Costa: CA Ttdare. CA Marin: CA San Francisco: CA San MWeo. 180 Los Angeles. CA: 7400 San ruse. ('A ..... ..... . ..... ...._.. 19.6 CA Santa Clara. SMSA Counties: 7485 Santa Cruz, CA... ................ — ......... .... 14.9 0360 Anaheim -Santa Ana- Garden CA Santa Cn¢. Grove, CA . ........ .... ................................... 11.9 7500 Santa Rosa. CA-- ........... ................. 9.1 CA Orange. CA Sonoma. 4480 Los Angeles -Lang 8720 Vallejo- Fautield- Napa CA ................. 17.3 ..................... Beach. CA........................ ... 28.3 CA Napa: CA Solana P� eles CA Los Angeles. 6000 Oxnard -Simi Valley - Non- SMSA Counties ......... ............................... 23.2 Ventura,C A. ........ ..... .............. ......... ......... 21.5 CA Lake; CA -Mendocino: CA Ventura. CA San Benito. Forth 1173 — liensed 3 -95 08 -07.95 FR -I3 6780 Riverside -San Bernardino - Ontario. CA ............... ............................... 19.0 CA Riverside; CA San Bernardino, 7480 Santa Barbara -Santa Maria - Lompoc, CA .............. ............................... 19.7 CA Santa Barbara, Non -SMSA Counties ......... ............................... 24.6 CA Inyot CA Mono; CA San Luis Obispc. 181 San Diego, CA: SMSA Cormties 7320 San Diego. CA ..... ............................... 16.9 CA San Diego, Non -SMSA Counties ......... ............................... I8 CA Imperial. In addition to the reporting regtureaxnts set forth elsewhere in this contract the Contractor and subcontractors bolding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July dining which work is performed, employment data as contained under Form FHWA PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Fain 1273 —Revised 3 -95 OS -07 -95 FR -14 ORTIZ ASPHALT PAVING COMPANY P.O BOX 883 CITY OF NEWPORT BEACH COLTON, CA 92324 PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA BOULEVARD PAVEMENT REHABILITATION ESPL -5151 (024) CONTRACT NO. 4144 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. 4144 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 tiaev%'A .j orvi A I VA-t+ -1 Vtt Nd Per Lump Sum A. n n friVe Dollars and q Cents 2. Lump Sum Traffic Control +kt v" t �(a,)h � h �vtal.lvGO( ��1 ✓'E^( !'l t wt Dollars and S 64 th2R..VX Cents $ 3/ 8y 9 Ap Per Lump Sum 3. Lump Sum Install and Maintain Advisory Signs $eu-e v► +V-& �sAA,%d Vt i V%A . M,unnhty -e_d @ S')C Dollars and S2ttvtf:' j S2U-1 Cents $ -77d&. 7 7 Per Lump Sum ORTIZ ASPHALT PAVING COMPANY P.0 BOX 03 COLTON, CA 92324 PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0 5. a 7 1:7 Lump Sum Surveying Services - ., ¢iva u -Ravel iV��[�eehunnc �Q @ Si 'A+%4 r%Zvkt. Dollars and 4AA t t/ A-y Cents Per Lump Sum Lump Sum Crack Sealin -rw eA vv�-c-c> V"�td 4!:kq Wt- Dollars /! and Cents Per Lump Sum 370,000 SF 3'5 4- 6&96;FN y, 500 TM Pj�e,W9 y 8,000 SF Cold Mill AC Pavement @ Dollars and b1_ k-ee a Cents Per Square Foot ARHM Surface Course @.PAcgk121 o36j Dollars T° and _32U -2.y1 -hLA.IA Cents Per Ton Remove AC Pavement and Place 4" Full Depth AC (Dig -out) $ �aAp 9.3D • /8 4- $ 4!4 4000, GO $ JzLEC&J4 e)6 @�� e Dollars and Cents $ S. /s, $ 0 ?5— J• �j Per Square Foot 67 EA Remove and Replace with New Valve Box and Cover o Grade �vKd. vvk4^ at� @ 'µti V lM S i 1C Dollars and 401 Cents Per Each ORTIZ ASPHALT PAVING COMPAW P.0 BOX 883 COLTON, CA 92324 PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 12 EA Adjust Manhole Frame and Cover to Grade 140 k4VV4We_C( 't 1, .4 V% @ 4-vW Dollars 11 iVA 13. ME 15. and -C + $c-�P�G.Y\ Cents Per Each 7 EA Remove and Replace with New Storm Drain Manhole Frame and Cover to Grad 'etc, vot @ r1 %, K.A. Dollars and W�(i til Cents Per Each $/8 $ S914. 14Z 4 EA Remove and Replace with New Survey Monument Box and Cov r to Grade `f24 ✓EC k`ftn,%v}+� @ 5 C x Dollars and - t(alki_ Cents Per Each vo $ yeas: '5r'o $,Jg,?6.9e) $ 2 EA Remove and Replace with New Sewer Cleanout Box and Cover tp Grade @ -rkt ent-y S (K Dollars and ot Cents Per Each 40 EA Remove and Replace with New Pull Box to �GLrad�� v @J JL V> f' t G1nL Dollars and Cents Per Each 73 EA Remove and Reconstruct Curb Access Ramp Iti�MGLve.e� vl l vLt i-� @ A L X Dollars and 6 Cents Per Each $ , �U_6.S0$ 4? 7 • 6 $ 1- AD $ 16 8vo. oa $ /4 944. Q$ io 9ar3�eo ORTIZ ASPHALT PAVING COMPANY P.0 BOX 883 COLTON, CA 92324 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 80 SF Install Raised Truncated Domes @ ftyoirt{/PI'�Jhollars and e(!q1VAejCj t Cents $ $ aC;PSq `/0 Per Square Foot 17, 300 LF Remove and Reconstruct Type A Curb and Gutter @_ -WLYf 5!X Dollars and Cents $ ' _.W $ II& 6a Per Linear root 18. 6,800 SF Remove and Reconstruct Cross Gutter @_ e14ve r Dollars and Sir Xeeo Cents $ $ S_ Per Square Foot 19. 3,700 SF Remove and Reconstruct Alley Approach @ 5>_ecA_g_VI Dollars and r.tKV!!X At Cents $ 7.41" $ 7/ • ad Per Square of 20. 2,700 SF Remove and Reconstruct Sidewalk @ ✓ Dollars and �^ 41 {1,E'V"*1 Cents $ J � 9 $ Per Square Foot 21. 600 SF Remove and Reconstruct Driveway Approach @ 71, t rle-e fl Dollars and 7QOl/1 Y feG Cents $ $ 7 Per Square Foot ORTIZ ASPHALT PAVING COMPANY P.0 BOX 883 COLTON, CA 92324 PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 19 EA Replace Traffic Signal Detector Loop 0" k ^,LAwa( .tit wcACA-1 @ 'et 9 ko- Dollars and A Z Kd.+4 (w0 Cents Per Each 23. Lump Sum Install Striping, Markings And Markers_ +t'% -Q_ (a Dollars and SA& p AIA!, A14&+Cents Per Lump umS 24. Lump Sum Provide As -built Drawings @ +O V\ Dollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents 9 P" Date Qo>� 3Sd yr I"-3gz/ Bidder's Telephone and Fax Numbers Bidder's License No(s) and Classification(s) $Z�ff-_ %as 377PV- tk vt e $ a 3e3 78 $ /D• Dd JIK Dollars Total Price (Figures) ORTIZ ASPHALT PAVING COMPANY P.0 BOX 883 COLTON. CA 92.124 Bidder B odzed Signature and Title Bidder's Address Last saved by Boh07122/2009 12:53 PM f:tuseWpbvAsharedlwnVactslfy 09- 10�balboa blvd pavement rehab c- 41441proposal c 4144.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA BOULEVARD PAVEMENT REHABILITATION ESPL -5151 (024) CONTRACT NO. 4144 I111"Z OT1111* 01, 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 2 -12 FEDERAL REQUIREMENTS 2 -12.1 Award and Execution of Contract 2 -12.2 Data Universal Numbering System (D- U -N -S) Number 2 -12.3 Labor Nondiscrimination 2 -12.4 Prevailing Wage 2 -12.5 Buy America Requirements 2 -12.6 Removal of Asbestos and Hazardous Substances 2 -12.7 Subcontractor and DBE Records 2 -12.8 DBE Certification Status 2 -12.9 Performance of DBE Subcontractors 2 -12.10 Subcontracting 2 -12.11 Prompt Progress Payment to Subcontractors 2 -12.12 Prompt Payment of Funds withheld to Subcontractors 2 -12.13 Federal Requirements (American Recovery and Reinvestment Act) 2 -12.14 Monthly Employment Report (American Recovery and Reinvestment Act) SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 1 1 1 1 2 2 2 3 3 4 4 5 6 6 7 7 8 8 9 10 10 10 10 10 SECTION 4 CONTROL OF MATERIALS 11 4-1 MATERIALS AND WORKMANSHIP 11 4 -1.3 Inspection Requirements 11 4 -1.3.4 Inspection and Testing 11 SECTION 5 UTILITIES 11 5 -1 LOCATION 11 5 -2 PROTECTION 11 5 -7 ADJUSTMENTS TO GRADE 11 5-8 SALVAGED MATERIALS 12 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 12 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 12 6 -7 TIME OF COMPLETION 12 6 -7.1 General 12 6 -7.2 Working Days 12 6 -7.4 Working Hours 13 6 -9 LIQUIDATED DAMAGES 13 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 13 7 -7 COOPERATION AND COLLATERAL WORK 13 7.8 PROJECT SITE MAINTENANCE 14 7 -8.6 Water Pollution Control 14 7 -8.6.1 Best Management Practices and Monitoring Program 14 7 -10 PUBLIC CONVENIENCE AND SAFETY 14 7 -10.1 Traffic and Access 14 7 -10.2 Storage of Equipment and Materials in Public Streets 15 7 -10.3 Street Closures, Detours, Barricades 15 7 -10.4 Safety 16 7- 10.4.1 Safety Orders 16 7 -10.5 "No Parking" Signs 16 7 -10.7 Notice to Residents and Temp Parking Permits 16 7 -15 CONTRACTOR LICENSES 17 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 17 SECTION 9 MEASUREMENT AND PAYMENT 17 9 -3 PAYMENT 17 9 -3.1 General 17 9 -3.2 Partial and Final Payment 21 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 21 201 -1 PORTLAND CEMENT CONCRETE 21 201 -1.1.2 Concrete Specified by Class 21 201 -2 REINFORCEMENT FOR CONCRETE 21 201 -2.2.1 Reinforcing Steel 21 SECTION 203 BITUMINOUS MATERIALS 21 203 -11 ASPHALT RUBBER HOT MIX (AHRM) WET PROCESS 21 203 -11.3 Composition and Grading 21 SECTION 214 PAVEMENT MARKERS 21 214 -4 NONREFLECTIVE PAVEMENT MARKERS 21 214 -5 REFLECTIVE PAVEMENT MARKERS 22 SECTION 215 ARRA SIGN 22 215 -1 GENERAL 22 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 22 300 -1 CLEARING AND GRUBBING 22 300 -13 Removal and Disposal of Materials 22 300 -1.3.1 General 22 300 -1.3.2 Requirements 22 300 -1.5 Solid Waste Diversion 23 SECTION 302 ROADWAY SURFACING 23 302 -5 ASPHALT CONCRETE PAVEMENT 23 302 -5.1 General 23 302 -5.4 Tack Coat 23 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 23 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 23 303 -5.1 Requirements 23 303 -5.1.1 General 23 303 -5.5 Finishing 24 303 -5.5.2 Curb 24 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 24 307 -4 TRAFFIC SIGNAL CONSTRUCTION 24 307 -4.9.3 Inductive Loops 24 SECTION 310 PAINTING 24 310 -5 PAINTING VARIOUS SURFACES 24 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 24 310 -5.6.7 Layout, Alignment and Spotting 24 310 -5.6.8 Application of Paint 24 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 25 312 -1 PLACEMENT 25 PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 25 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 25 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 25 600 -2.6.3 Rolling 25 APPENDIX A ARRA SIGN DETAILS Last saved by smoks0712212009 1:10 PM flusem%pbwlshared%contracts\fy 09- 10 \balboa blvd pavement rehab c 4144\spccs index c- 4144.doc SPECIAL PROVISIONS APPENDIX A ARRA SIGN DETAILS SP 1 OF 25 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA BOULEVARD PAVEMENT REHABILITATION CONTRACT NO. 4144 ESPL -5151 (024) 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- 5964 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, cold milling, asphalt concrete overlay, reconstruction of concrete access ramps and failed concrete improvements, signing and striping and all other incidental items of work necessary to complete the work in place." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City and Orange County survey records. 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 SP2OF25 the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2 -12 FEDERAL REQUIREMENTS 2 -12.1 AWARD AND EXECUTION OF CONTRACT The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. Bid protests are to be delivered to the following address: 3300 Newport Blvd. Newport Beach, CA 92663 Public Works Department The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the address listed above. A "Local Agency Bidder -DBE Information (Construction Contracts), Exhibit 15 -G(2)" form is included in the contract document to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. SP3OF25 The successful bidder's "Local Agency Bidder- Information (Construction Contracts), Exhibit 15 -G(2)" form should include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies. The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement. The "Local Agency Bidder -DBE Information (Construction Contracts), Exhibit 15- G(2)" form shall be completed and returned to the Agency by the successful bidder with the executed contract and contract bonds. 2 -12.2 DATA UNIVERSAL NUMBERING SYSTEM (D- U -N -S) NUMBER For the purpose of complying with the American Recovery and Reinvestment Act of 2009, the successful bidder must provide the City a D -U -N -S number. Complete and sign the Data Universal Numbering System (D- U -N -S) Number form included in the contract documents. This form must be submitted with the executed contract. If your company does not have a D -U -N -S number, you can obtain one by contacting Dun & Bradstreet at: http: / /dnb.com /us/ If you fail to submit this information with the executed contract, the City of Newport Beach will not approve the contract. 2 -12.3 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. SP4OF25 NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause ", set forth in Section 7- 1.01A(4), "Labor Discrimination," of the Caltrans Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard .California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 2 -12.4 PREVAILING WAGE This is a federally assisted construction contract and the higher of State of California or Federal prevailing wages must be paid to all workman employed on this project. Federal and State of California labor standards provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts, will be enforced. The current Federal and State prevailing wage rates under which the work is to be done is attached hereto and is available at the Public Works Department, 3300 Newport Blvd., Newport Beach, CA 92663. Updates to the general prevailing wage rates are available at web sites set forth in this section and shall be reviewed by the contractor prior to submitting a bid for the work. In the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www, access .gpo.gov /davisbacon /ca.htmi) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations and is available at the following website: http:// www .dir.ca.gov /DLSR /PWD /index.htm, the higher of the two will prevail. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage decision. Please note that pursuant to applicable provisions of the Labor Code of the State of California and the Davis Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this agreement, shall be paid to all workmen employed on the work to be done according to this contract by the Contractor or any Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. The Contractor shall be required to post at the job site the prevailing rate per diem wages. 2 -12.5 BUY AMERICA REQUIREMENTS Attention is directed to the 'Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and SP 5 OF 25 the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the 'Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section 6 -1.07, "Certificates of Compliance," of the Caltrans Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish to the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work. 2 -12.6 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8 -1.09, 'Right of Way Delays," of the Caltrans Standard Specifications. SP6OF25 2 -12.7 SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first -tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on "Final Report- Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM- 2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner - operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the Contactor may count only the fee or commission the DBE receives as a result of the lease arrangement. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month. This documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM- 2404(F). 2 -12.8 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM- 2403(F) indicating the DBEs' existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. SP7OF25 2 -12.9 PERFORMANCE OF DBE SUBCONTRACTORS The subcontractors listed by the Contractor shall list therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one -half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. UDBEs must perform work or supply materials as listed in the "Local Agency Bidder - UDBE Commitment" form specified in the Contract document. Do not terminate a UDBE listed subcontractor for convenience and perform the work with your own forces or obtain materials from other sources without prior written authorization from the City. The City grants authorization to use other forces or sources of materials for requests that show any of the following justifications: 1. Listed UDBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulate a bond is a condition of executing the subcontract and the listed UDBE fails to meet your bond requirements. 3. Work requires a contractor's license and listed UDBE does not have a valid license under Contractors License Law. 4. Listed UDBE fails or refuses to perform the work or furnish the listed materials. 5. Listed UDBE's work is unsatisfactory and not in compliance with the contract. 6. Listed UDBE delays or disrupts the progress of the work. 7. Listed UDBE becomes bankrupt or insolvent. If a listed UDBE subcontractor is terminated, you must make good faith efforts to find another UDBE subcontractor to substitute for the original UDBE. The substitute UDBE must perform at least the same amount of work as the original UDBE under the contract to the extent needed to meet the UDBE goal. The substitute UDBE must be certified as a DBE at the time of request for substitution. The City does not pay for work or material unless it is performed or supplied by the listed UDBE, unless the UDBE is terminated in accordance with this section. 2 -12.10 SUBCONTRACTING Attention is directed to the provisions in Section 8 -1.01, "Subcontracting," of the Caltrans Standard Specifications and these special provisions. SP8OF25 The provisions in the third paragraph of Section 8 -1.01, "Subcontracting," of the Caltrans Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price, is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: hftp://www.dir.ca.gov/DLSE/Debar.htmi. 2 -12.11 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE subcontractors. 2 -12.12 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The agency shall hold retention from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retention to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies SP 9 OF 25 withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non - DBE prime contractors and subcontractors. 2 -12.13 FEDERAL REQUIREMENTS (AMERICAN RECOVERY AND REINVESTMENT ACT) Under the American Recovery and Reinvestment Act (ARRA) of 2009, 9 USC § 902: SEC. 902. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE (a) ACCESS.—Each contract awarded using funds made available in this Act shall provide that the Comptroller General and his representatives are authorized- (1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and (2) to interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. (b) RELATIONSHIP TO EXISTING AUTHORITY — Nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. Under ARRA of 2009, 9 USC § 1515(a): SEC. 1515. ACCESS OF OFFICES OF INSPECTOR GENERAL TO CERTAIN RECORDS AND EMPLOYEES (a) ACCESS. —With respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized- SP 10 OF 25 (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract, that pertain to, and involve transactions relating to, the contract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. (b) RELATIONSHIP TO EXISTING AUTHORITY.— Nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general. Immediately notify the Engineer if you have been contacted by the U.S. Comptroller, Inspector General, or their representatives. 2 -12.14 MONTHLY EMPLOYMENT REPORT (AMERICAN RECOVERY AND REINVESTMENT ACT) For the purpose of complying with the American Recovery and Reinvestment Act of 2009, submit a completed Monthly Employment Report form by the 5th of each month for the previous month. For the form, go to: hftp://www.dot.ca.gov/hq/construc/forms.htm If you fail to submit a complete and accurate report, the City withholds 2 percent of the monthly progress estimate. The City does not withhold more than $10,000 or less than $1,000. The City releases the withhold upon submission of the completed form. 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. SP 11 OF 25 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "Upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "in the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing SP 12 OF 25 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. SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 41", the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, SP 13 OF 25 (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondg is a holiday. If January 151, July 4th, November 11'h December 24th December 25t or December 31st falls on a Saturday, the Friday before 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. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. SP 14 OF 25 The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.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. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. SP 15 OF 25 Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be 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 arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. A minimum of one lane in each direction shall remain open at all times. SP16OF25 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 require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. SP 17 OF 25 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan, preparing and updating the construction schedule as necessary, demobilization, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs, and covering conflicting signs. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment SP 18 OF 25 and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Install and Maintain Advisory Signs: Work under this item shall include the fabrication, placement, sign supports, maintenance and removal of the ARRA sign. Refer to construction drawings for sign location. See Appendix A for sign details. In addition, two (2) digital message boards are to be installed adjacent to the work area as directed by the City Inspector for the duration of the project. Item No. 4 Surveying Services: Work under this item shall include the cost of surveying, construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, protection and restoration of existing monuments and other survey items as required to complete the work in place. Item No. 5 Crack Sealing: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to pavement clearing and cleaning, routing out the crack, applying a soil sterilizer /week kill solution, crack filling the existing asphalt roadway with a compacted F -AR 4000 asphalt concrete mix and all other work items as required to seal all cracks greater than 114 -inch within the project limits. Item No. 6 Cold Mill AC Pavement: Work under this item shall include saw cutting, cold milling the AC pavement to a depth below existing finished grade as shown on the drawings, disposing of milled material, and all other work items as required to complete the work in place. Item No. 7 ARHM Surface Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coat, ARHM surface course placement, compaction and all other work items as required to complete the work in place. Item No. 8 Remove AC Pavement and Place 4" Full Depth AC (Dig -out): Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removing and disposing of the existing pavement, grading, subgrade compaction, tack coat, placement of 4" full depth AC pavement and all other work as required to complete the work in place. Locations of dig -outs are shown on the construction plans and /or as directed by the City Inspector during construction. Item No. 9 Remove and Replace With New Valve Box and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new valve box and cover to grade and all other work items as required to complete the work in place. SP 19 OF 25 Item No. 10 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. 11 Remove and Replace With New Storm Drain Manhole Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new storm drain manhole frame and cover to grade, and all other work items as required to complete the work in place. Item No. 12 Remove and Replace With New Survey Monument Box and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new survey monument box and cover to grade, protecting the survey marker in place, and all other work items as required to complete the work in place. Item No. 13 Remove and Replace With New Sewer Cleanout Box and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new sewer cleanout box and cover to grade, and all other work items as required to complete the work in place. Item No. 14 Remove and Replace With New Pull Box to Grade: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new traffic signal and street light pull boxes to grade. Location of pull boxes will be determined by City Inspector during construction of curb ramps and sidewalk. Item No. 15 Remove and Reconstruct Curb Access Ramp: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete access ramp and adjacent curb and gutter, placement of asphalt concrete between saw cut and curb access ramp (AC patch back), protection of existing utilities, installation of raised truncated domes, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin or equal. Item No. 16 Install Raised Truncated Domes: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, installation of raised truncated domes, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving' as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin or equal. Item No. 17 Remove and Reconstruct Type A Curb and Gutter: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of existing curb and gutter, compacting subgrade, root pruning and SP 20 OF 25 installing root barrier panels when curb and gutter is adjacent to trees or as directed by the inspector, placement of asphalt concrete between saw cut and curb and gutter (AC patch back), constructing Type A curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The landscape retaining curb at 28th Street shall be included with this bid item. Existing landscape and irrigation improvements damaged by construction shall be restored to its original condition at contractor's expense. Item No. 18 Remove and Reconstruct Cross Gutter: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete cross gutter, placement of asphalt concrete between saw cut and cross gutter (AC patch back), and all other work items as required to complete the work in place. Item No. 19 Remove and Reconstruct Alley Approach: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete alley approach, placement of asphalt concrete between saw cut and alley approach (AC patch back), and all other work items as required to complete the work in place. Item No. 20 Remove and Reconstruct Sidewalk: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of conflicting portions of existing concrete sidewalk, reconstruction of sidewalk and all other work items as required to complete the work in place. The lawn mowing ramp at 23th Street shall be included with this bid item. Existing landscape and irrigation improvements damaged by construction shall be restored to its original condition at contractor's expense. Item No. 21 Remove and Reconstruct Driveway Approach: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of conflicting portions of existing improvements,. compacting subgrade, construction of concrete driveway approach, placement of asphalt concrete between saw cut and driveway approach (AC patch back), and all other work items as required to complete the work in place. Item No. 22 Replace Traffic Signal Detector Loop: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace traffic signal detector loops, make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. SP 21 OF 25 Item No. 23 Install Striping, Markings and Markers: Work under this item shall include removing and installing traffic striping, markings and markers per the striping plan, and all other work items as required to complete the work in place. Item No. 24 Provide As -built Drawings: Work under this item shall include marking up construction drawings with as -built conditions and all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the Califomia Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 203 - -- BITUMINOUS MATERIALS 203 -11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203 -11.3 Composition and Grading. Add to this section: "The asphalt rubber hot mix shall be ARHM- GG -C." SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." SP 22 OF 25 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." SECTION 215 --- ARRA SIGN 215 -1 GENERAL The American Recovery and Reinvestment Act (ARRA) sign shall be per detail enclosed within these Special Provisions Appendix A. The sign supports may be fabricated with lumber. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: htti): / /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." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly SP 23 OF 25 made to a minimum of two (2) inches." Replace the words "1? /2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "All cracks Y4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SP 24 OF 25 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" 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." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -513 and shall be Type A or Type E spaced ten feet apart, and shall extend one foot into the crosswalk. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has SP 25 OF 25 been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after placement of finish course." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." SPECIAL PROVISIONS APPENDIX A ARRA SIGN DETAILS Economic Recovery Home > Questions & Answers > Sign Guidance black to aues&oJt P[7J American Recovery and Reinvestment Act Sign Guidance On March 3, 2009 President Obama made the commitment that all projects funded by the American Recovery and Reinvestment Act (ARRA) will bear a recovery emblem to make it easier for Americans to see which projects are funded by the ARRA. To meet this commitment, FHWA strongly encourages agencies to use the economic recovery signs on all projects funded by the ARRA. The foAowing factors should be considered with respect to design and placement of these signs: Sign Design: • All economic recovery sign design layout and color should be similar to the sign design attached with this guidance. Sign Placement: • With respect to placement of traffic control signs, regulatory, warning, and guide signs have a higher priority than the economic recovery signs. • In no case shall these signs be placed such that it obscure road users' view of other traffic control devices. • Economic recovery signs should be placed where they can be easily Identified with the corresponding projects. • g the placement of economic recovery signs conflicts with newly installed higher priority signs, or traffic signals, or temporary traffic control devices, or other priority devices, the economic recovery sign should be relocated. • Due to public safety concerns, economic recovery signs should not be allowed at the following locations: o On the front back. adjacent to or around any tragic control device, including traffic signs, signals, changeable message signs, traffic control device posts or structures. or bridge piers. o At key decision points where a driver's attention is more appropriately focused on traffic control devices, roadway geometry, or traffic conditions. These locations include, but are not limited to exit and entrance ramps, intersections controbed by traffic signals or by stop or yield signs, highway -rail grade crossings, and areas of limited sight distance. • Sien Layou(petails, 3/2312008 (234 KB pdf) • Recovery Sign flies in pdt eps, dwg, and dgn formats for agencies tome: aLra_49 Q.414.;Ip (3,569 KS) File contains: 1. Individual sign components without dimensions for each of the 1204nch and 84 -inch sign designs (for fabrication purposes) 2. Design detail with dimensions and notes (for inclusion in design drawings) To view PDF flies, You can use the Ar�Oaf ®Read.. This page last modifled on April 21, 7009 FHWA Hone I Feedback 0 FHWA United states Department of Transportation - Federal Highway Administration http: / /www.ibwa. dot. gov/ economicrecovery/arrasignguidance.httn 05/14/2009 3/23/2009 PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS PROJECT FUNDING SOURCE SIGN ASSEMBLY 1 of 5 3/23/2009 PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS � C;mN PROJECT FUNDING SOURCE SIGN NOTE: SIGN SHALL NOT BE INSTALLED WITHOUT PROJECT FUNDING SOURCE PLAQUE (SEE SHEET 3). Dimensions in inches A B C D E F I G H I J K I L I M N I P 120 84 1.5 6 5D 4.5 1 8D- 3.75 6V(45 14.5 1 10 127.917 5 110.831 84 60 1 5 4 C 3.5 6C- 1 3 4 14.737 6 1 10.175 1 4 7.362 0 R I S I T U V W X Y Z AA I BB I CC DD 14.087 8.106 11.556 1 49.42 1 2.742 5.258 46.904 6.812 —46.7-6-12z472 8 16.288 5 30 9.484 5.162 7.763 31.722 2.415 3.585 30.552 4.542 30.911 14.737 6 1 10.175 1 4 21 EE FF GG 11 4.5 3 7.5 2.25 225 * Increase character spacing 50% ** See Pictograph page 4 * ** See Pictograph page 5 COLORS: LEGEND, BORDER — WHITE(RETROREFLECTNE) BACKGROUND — GREEN(RETROREFLECTIVE) 2 Df5 R B t I1 3/23/2009 PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS PROJECT FUNDING SOURCE PLAQUE NOTE: PLAGUE SHALL NOT BE INSTALLED WITHOUT SIGN (SEE SHEET 2). Dimensions in incites * See Standard Highway Signs Page 6-59 for symbol design. A B C 0 E F G H J K L M N P 120 24 0.625 1 0.875 4 6 D 22.349 20.370 17.281 13.28 6 34.22 6.5 8.765 84 18 0.375 0.625 3.5 4 D 16.607 15.686 9.707 10.667 4 22.813 5 5.843 Q I R I S I T U V I W I X I Y Z 21.013 3 24 0.375 0.625 1.5 11 8 1.5 12 14.009 2.25 18 0.375 0.625 1 7 6 1.5 9 COLORS: LEGEND,BORDER — BLACK BACKGROUND — ORANGE(RETROREFLECTIVE) 3of5 PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS RECOVERY Vector - Based, VinyMeadyfictograph COLORS: LEGEND, OUTLINE BORDER BACKGROUND (UPPER) BACKGROUND (LOWER RIGHT) BACKGROUND (LOWER LEFT) 4of5 - WHITE (RETROREFLECTIVE) - BLUE(RETROREFLECTIVE) - BLUE(RETROREFLECTIVE) - RED(RETROREFLECTIVE) - GREEN(RETROREFLECTIVE) 3/23/2009 3/23/2009 PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN- RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS lUSDO USDOT TIGER Vector - Based, VirryMeady Pictograph COLORS: OUTLINE — WHITE (RETROREFLECTIVE) USDOTLEGEND — BLACK TIGER DIAGONALS — BLACK, ORANGE(RETROREFLECTIVE) 5of5 BY THE CITY COUNCR CITY OF NEWPORT BEACH • OC I 1 �L119 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT D 0. Agenda Item No. 8 October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, P.E. 949- 644 -3315 or atran@newpodbeachca.gov SUBJECT: BALBOA BOULEVARD PAVEMENT REHABILITATION - AWARD OF CONTRACT NO, 4144 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4144 to Ortiz Asphalt Paving, Inc. for the Total Bid Price of $871,000, and authorize the Mayor and the City Clerk to execute the contract. • 3. Establish an amount of $87,100 (10 %) to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on September 22, 2009, the City Clerk opened and read the following bids for this project: Low Ortiz Asphalt Paving, Inc. 2 EBS, Inc. 3 Palp, Inc. 4 E.C. Construction Co. 5 Imperial Paving Co. B Sequel Contractors, Inc. 7 R.J. Noble Co. 8 All American Asphalt 9 Hardy & Harper, Inc. TOTAL BID AMOUNT $871,000.00 $878,220.00 $898,792.00 $954,301.00 $955,735.00 $960,500.00 $977,420.00 $1,011,441.00 $1,066,000.00 The low total bid amount is 24.8 percent below the Engineer's Estimate of $1,157,900.00. The difference between the low total bid amount and the Engineer's Estimate is attributed • to the favorable bidding climate. The low bidder, Ortiz Asphalt Paving, Inc., possesses a California State Contractors License Classification "A" as required by the project • • Balboa Boulevard Pavement Reb m tton — Award of contract No. 4144 October 13, 2008 Page: 2 specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. This contract involves reconstructing failed concrete improvements, grinding and overlaying the existing asphalt concrete pavement, and striping Balboa Boulevard between 44`" Street and 22"d Street. Pursuant to the Contract Specifications, the Contractor will have 50 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from (CEQA) pursuant to Section 15301 of the exemption covers the repair, maintenance facilities with negligible expansion. Public Notice: m the California Environmental Quality Act CEQA Implementing Guidelines. This and minor alteration of existing public The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be notified by the Contractor prior to the start of the project. Geotechnical and Material Testing Services: In addition to the contract costs, approximately $27,000 in geotechnical and material testing services is projected to be needed for this project and will be performed under the on -call professional services agreement with GMU Geotechnical, Inc. Funding Availability: City staff was successful in applying for federal grant funding for the construction of this project. The project will be fully funded by the American Recovery and Reinvestment Act (ARRA), which is an economic stimulus package enacted by the U.S. Congress on February 2009. The total available federal grant funding for this project is $1,083,924. The proposed uses total $985,100 which equates to a surplus of $98,824. This surplus will be used to reimburse city staff time for construction inspection and management. There are sufficient funds available in the following account for the project: Account Description Contributions (ARRA) Account Number 7251- C2002031 Total: Amount $ 985,100.00 $ 985,100.00 • n U 40 • • is Proposed uses are as follows: Vendor Ortiz Asphalt Paving, Inc. Ortiz Asphalt Paving, Inc. GMU Geotechnical, Inc. Prepared by: Andy Tan Senior Civil Engineer Attachment: Project Location Map 0 Baboa Boulevard Pavement Rehab4itation —Award of Contract No. 4144 October 13. 2008 Page: 3 Purpose Construction Contract Construction Contingency Material Testing Total: RMITTMNI Amount $ 871,000.00 $ 87,100.00 $ 27,000.00 $ 985,100.00 Badum s Director 0 COAST HIGHWAY PROJECT LOCATION BALBOA BLVD PAVEMENT REHABILITATION D CITY OF NEWPORT BEA( PUBLIC WORKS DEPARTMENT CJ 09 1 " N.T.S "" 1 OF TM I C-4144