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HomeMy WebLinkAboutC-4228 - CDBG Playground Resilient Surface Renovationl OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC March 9, 2011 Mr. Richard E. Schultz RE Schultz Construction Services P.O. Box 6 Silverado, CA 92676 Subject: Playground Resilient Surface Renovation (C -4228) Dear Mr. Schultz: On February 23, 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 February 2, 2010. Reference No. 2010000099417. The Surety for the contract is Western Surety Company and the bond number is 70832814. Enclosed is the Faithful Performance Bond. Sincerely, 40M0 , 6V1TV✓V,-- 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 Premium is subject t- ad7ustment based on final contract pride. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 BOND NO. 70832814 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ . 1 .924 being at the rate of $ 30.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.E. Schultz, hereinafter designated as the "Principal ", a contract for construction of PLAYGROUND RESILIENT SURFACE RENOVATION, Contract No. 4228 in the City of Newport Beach, in strlct 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. 4228 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety 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 Sixty -Four Thousand, One Hundred Thirty -Five and 00/100 Dollars ($64,135.00) 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. 28 Bond N� 70832814 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 full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety above named, on the 1 7thday of November , 2009. Richard E Schultz dba R.E. Schultz Construction Services R.E. Schultz (Principal) Western Surety Company Name of Surety 101 S Phillips Ave, Sioux Falls, SD 57192 Address of Surety (800) 331 -6053 Telephone Authorized SipnaturefTitle Richard o hultz, Proprietor Z'?r, Authorized Agent Signature Blake A Pfister, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS of BOTH THE CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL -PUI OSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On November 17, 2009beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the officer personally appeared Blake A. Pfister Name(s) of Signer(s) LIANNE NAHINA Commission # 1767695 -® - Notary Public - California 'r Orange County tw Mirma1virmssp1a2011 who proved to me on the basis of satisfactory evidence to be the person(jo whose name/ islgW subscribed to the within instrument and acknowledged to me that he/gaftay executed the same in his /fir authorized capacity(M), and that by his/iNkaftir signature*) on the instrument the person($), or the entity upon behalf of which the person(f) 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 lofficial •seal. Signature /`� Place Notary Seal Above Si naNr f Notary Publlc 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: Bond 70832814 Document Date: November 17, 2009 Signer(s) Other Than Named Above: Capacity(iys) Claimed by Signer(s) None Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Top of thumb here Number of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: IRI_GH MESPRINT? OF SIGNER' .. of 0 2007 National Notary Assoclation• 9350 De Soto Ave, P.O. Box 2402 • Chatsworth, CA 91313 -2402 • mm.NationalNOtary.org Item #5907 Reorder: Call Toli -Free 1 -800. 876 -6827 Western Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70632814 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint BLAKE A. PFISTER its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Richard E. Schultz dba R.E. Schultz Construction Services Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile:" All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of April 29 , 2010 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company bas caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, ixed this '17th day of November 2009 • )may }�),f \Ii Alq! VI EST.R SURE ;4 COMPANY Paul T. BruflaV413enior Vice President On this 17th day of November , in the yen 2009 , before me, . a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corperatiom 8 / /t D. KRELL I ow women KJOL.IC 90UiH DAKOTA Notary Public -South Dakota My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 1 r to day of November 2009 WEST R SURE ," COMPANY Paul T. Bruflat/Senior Vice President Form F53069 -2006 t�z A 1 OFFICE OF THE CITY CLERK Leilani L Brown, MMC April 7, 2010 Mr. Richard E. Schultz RE Schultz Construction Services P.O. Box 6 Silverado, CA 92676 Subject: Playground Resilient Surface Renovation (C -4228) Dear Mr. Schultz: On February 23, 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 March 3, 2010, Reference No. 2010000099417. The Surety for the contract is Western Surety Company and the bond number is 70832814. Enclosed is the Labor & Materials Payment Bond. Sincere M" - 00--� 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 (Z . '_^r ni : ?:._�•nl_, O:an;�_ C,tunly RECORDING REQUESTED FF��,� CL WHEN RECORDED RETURN TO: M MICR -9 Ali 9* =09 "..; !41' 03 arr: 031103/ it) City Clerk r,o 0.1)0 o 0() 13-0C) o.qu City of Newport Beach CT! "t 0r 3300 Newport Boulevard Th: CIT( CLEF Newport Beach, CA 92663 CITY Or I _ ;.',,,T HO "Exempt from recording fees pursuant to Government Code Section 27383" a NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, RE Shultz Construction Services, of Silverado, California, as Contractor, entered into a Contract on November 11, 2009. Said Contract set forth certain improvements, as follows: Playground Resilient Surface Renovation (C -4228) Work on said Contract was completed, and was found to be acceptable on February 23. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. Director rt Beach VERIFICA I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on v BY V ✓ ' � City Clerk MIS at Newport Beach, California. C U�P February 24, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 DOU �. .�. ,1 IA OF'F'ICE; OF THE CITE' CLERK Leilani 1. Brown. MMC RE: Notices of Completion for the following project: Playground Resilient Surface Renovation (C -4228) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 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, RE Shultz Construction Services, of Silverado, California, as Contractor, entered into a Contract on November 11, 2009. Said Contract set forth certain improvements, as follows: Playground Resilient Surface Renovation (C -4228) Work on said Contract was completed, and was found to be acceptable on February 23, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. P is Xrks Director itv .&Newoort Beach VERIFICA I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on dgrlu.aw 1/ ,MID , at Newport Beach, California. BY City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 3`6 /too "'�oIU nycnua ncui ivu. February 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 -644 -3323 or ilee @newportbeachca.gov SUBJECT: PLAYGROUND RESILIENT SURFACE RENOVATION - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4228 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Total Contract Final Cost at Benchmark Actual Contract Time (days) Amount (with Completion Target (with added Time Under ( -) added park) park) (days) or Over ( +) $84,024.10 $92,285.93 Contract Contract 45 -10 +10% +9% Discussion: On November 10, 2009, City Council authorized the award of Playground Resilient Surface Renovation contract to R.E. Schultz Construction Services (R.E. Schultz) of Silverado, California at a contract cost of $64,135.00. The contract provided for the replacement or re- topping of resilient play surfaces at four parks: Grant Howald Park, Cliff Drive Park, Bonita Creek Park, and Bob Henry Park. The contract was funded under the Community Development Block Grant — Recovery (CDBG -R) stimulus fund program targeted toward performing ADA playground resurfacing and improving accessibility. PLAYGROUND I iLIENT SURFACE RENOVATION Completion and Acceptance of Contract No. 4228 February 23. 2010 Page 2 As there were'remaining funds in the CDBG -R grant, City Council on January 12, 2010 approved the addition of Peninsula Point Park to the R.E. Schultz contract to replace the play surfaces surrounding the playground equipment. With the addition of this fifth park at a cost of $19,889.10, the total base contract amount was raised to $84,024.10. The contract has now been completed to the satisfaction of the Public Works Department. The contract construction costs were: Total Contract (with added park) Actual amount of bid items constructed: Total amount of one change order: Final contract cost: $84,024.10 $84,024.10 $ 8.261.83 There was one change order totaling $8,261.83 to remove and /or replace additional play surfaces at two parks. This accounted for a nine percent increase to the final contract cost. Item No. Description Amount ` 1a Bonita Creek Park — Remove & replace top 1.5 -inch Plav surface. $4,926.83 1 b Grant Howald Park — Remove top layer of play surface $3,335.00 Total $8,261.83 A summary of the project schedule is as follows: Estimated Completion Date per July 2009 Schedule: November 6, 2009 Project Award for Construction: November 10, 2009 Date of Notice -to- Proceed (NTP): December 14, 2009 Contract Completion Date per NTP & Approved Extensions February 19, 2010 Actual Construction completion date: January 27, 2010 The project start was delayed by approximately three months due to the inability of the U.S. Department of Housing and Urban Development to provide the CDBG -R stimulus funds and issuance approval to bid notice as expected. This in turn resulted in the project being completed two months laterthen originally estimated. Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Implementing Guidelines. This exemption covers the maintenance and repair of existing facilities involving negligible or no expansion of existing facilities. PLAYGROUP ESILIENT SURFACE RENOVATION Completion and Acceptance of Contract No. 4228 February 23, 2010 Page 3 Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction notices were distributed by the contractor to the nearby residents and businesses advising them of the work. The Notice to Amendment to Approved 2008 -2009 CDBG -R Action Plan was published in the City's official publication on December 29, 2009 and posted at City Hall on December 23, 2009. Total Project Cost Total project expenses, including incidentals, are summarized as follow: Construction Advertising Printino Funding Availability: $92,285.93 $85.50 $61.37 Funds for the construction contract were expended from the following accounts Account Description Account Number Amount ADA Playground Resurfacing 7161- C4002008 $ 86,943.00 & Accessibility Improvements ADA Playground Resurfacing 7015- C4002008 $ 5,342.93 Total Construction Cost Prepared by: 4A Lee Senior Civil Engineer 92,285.93 cz,.kM;14�A k". • CITY OF NEWPORT I CITY COUNCIL STAFF January 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 -644 -3323 or ilee @newportbeachca.gov SUBJECT: PLAYGROUND RESILIENT SURFACE RENOVATION — APPROVAL OF CHANGE ORDER FOR CONTRACT NO 4228 RECOMMENDATIONS: 1. Authorize the Public Works Director to raise the percentage change order allowance to 45 percent and approve Change Order No. 2 in the amount of $19,889.10, which provides for the replacement of resilient playground surface at Peninsula Park. 2. Approve a Budget Amendment No. BA10- transferring $6,000.00 from General Fund Account No. 7015- C4002004 (Eastbluff Park Playground Equipment) to ADA Playground Resurfacing & Accessibility Improvements Account No. 7015- C4002008. DISCUSSION: On November 10, 2009, City Council authorized the award of Playground Resilient Surface Renovation contract to R.E. Schultz Construction Services of Silverado, California. The contract provided for the replacement or re- topping of resilient play surfaces at four City parks — Grant Howald Park, Cliff Drive Park, Bonita Creek Park, and Bob Henry Park. The original contract is fully funded by Community Development Block Grant - Recovery (CDBG -R) stimulus fund to perform ADA playground resurfacing and accessibility improvements. Given the favorable low contract pricing of $64,135.00 received, there was a surplus of $22,808.00 CDBG -R funds that still needed to be used in a timely manner. To completely utilize the allocated $86,943.00 CDBG -R fund, staff is recommending to include additional needed work based on prior unit price cost to replace the play surfaces surrounding the Peninsula Park playground equipment. Staff negotiated a construction cost of $19,889.10 with R.E. Schultz to complete the work at Peninsula Park (Change Order No. 2). Since the balance of the established construction contingency amount from the original contract scope is not entirely sufficient to pay for the proposed work at Peninsula Park, staff is also requesting a $6,000.00 budget amendment from General Fund Account No. elayground Resilient Surface Renovation — Approva4hange Order for Contract No. 4228 January 12, 2010 Page 2 701,5- C4,4Q20C4, (Eastbluff Park Playground Equipment) to ADA Playground &Accessibility Improvements Account No. 7015- C4002008 for a contract total of $92,943.00 with R.E. Schultz. With the approval of Change Order #2, the project will exceed the original contract amount by approximately 45 percent in order to utilize the remaining CDBG -R funds and complete the additional necessary work. Staff has obtained approval from the United States Department of Housing and Urban Development (HUD) for the use of CDBG -R funds on Change Order No. 2 without the need to file a substantial amendment. Environmental Review: The additional work at Peninsula Park was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Implementing Guidelines. This exemption covers the maintenance and repair of existing facilities involving negligible or no expansion of existing facilities. City Council funding actions are exempt from California Environmental Quality Act (CEQA). Public Notice: The Notice of Amendment to Approved 2008 -2009 CDBG -R Action Plan was published in the City's official publication on December 29, 2009 and posted at City Hall on December 23, 2009. Funding Availability: Upon approval of the budget amendment, sufficient funds will be available in the following account: Account Description ADA Playground Resurfacing & Accessibility Improvements ADA Playground Resurfacing & Accessibility Improvements Prepared by: Zs Lee, P.E Senior Civil Engineer Account Number Amount 7161- C4002008 $13,889.10 7015- C4002008 $ 6.000.00 Attachment: Peninsula Park Location Map Total: $19,889.10 Submitted by: r' tephoK Badum Public -Works Director `hu:::r� a ,` �t r ~��� �d 1 ,. i:3, ; �k� .�:� �,`' W�� ^M1 ' � i ��,. .'.:,� �'U,yi. p, .. *,. , r I vw to C#r urMewport Beach• NO. BA- 10BA -026 BUDGET AMENDMENT 2009 -10 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations NX from additional estimated revenues from unappropriated fund balance EXPLANATION: AMOUNT: 56,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated General Fund fund balance to approve a change order to the contract with R.E. Schultz Construction Services for the replacement of resilient playground surface at Peninsula Park. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 7015 Parks Account Number C4002004 Eastbluff Park Playground Equipment Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Administrative Services Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $6,000.00 Automatic $6,000.00 / / D to Date Date 0 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 11:00 a.m. on the 22nd day of October, 2009, at which time such bids shall be opened and read for PLAYGROUND RESILIENT SURFACE RENOVATION Title of Project Contract No. 4228 $140,000.00 Engineer's Estimate step ni:r -. �um Pu c Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen Luv, Project Manager at (949) 644 -3330 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................4 BIDDER'S BOND .............................................................................. ..............................6 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................8 NON - COLLUSION AFFIDAVIT ........................................................ .............................12 DESIGNATION OF SURETIES ........................................................ .............................13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 14 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................16 INFORMATON REQUIRED OF BIDDER ......................................... .............................17 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................20 CONTRACT..................................................................................... .............................21 LABOR AND MATERIALS BOND .................................................... .............................27 FAITHFUL PERFORMANCE BOND ................................................ .............................29 SUMMARY OF CONTRACT PROVISIONS (FEDERALLY FUNDED PROJECT) ...... S -1 FEDERAL WAGE DECISION ........................................................... ............................F -1 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS... ............................. _ ........................................... ............. SP-1 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 INSTRUCTIONS TO BIDDERS 1. This project will use federal Community Development Block Grant (CDBG) funds for a portion of the construction costs. Therefore, this project will be subject to the certification, compliance and reporting requirements of the Davis -Bacon Act (29 CFR 5.5(a)). Copeland Act (29 CFR 3), labor safety standards and other federal requirements. These requirements are contained in the Federal Provisions. 2. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL LABOR COMPLIANCE BID SUBMITTAL REQUIREMENT FORMS 3. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 5. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 6. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 7. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 8. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 9. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.access- gpo.gov /davisbacon 10. The Contractor shall be responsible for insuring compliance with provisions of Sections 1777.5- 1777.7 of the Labor Code Apprenticeship requirements and Section 4100 el seq. of the Public Contracts Code. "Subletting and Subcontracting Fair Practices Act ". 11. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 12. Prevailing Wage Statement: This is a federally - assisted construction contract. Federal Labor Standards Provision, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages, the higher of the two will prevail. 13. Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub - recipients, the conflict of interest provisions in 24 CFR 85.36, OMB Circular A -110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. The signature below represents that the above has been reviewed. 75V &O A Contractor's License No. & Classification Bidder Authorized Sig I D' 1 lo--Dq Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PLAYGROUND RESILIENT SURFACE RENOVATION, CONTRACT NO. 4228 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 of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of (Principal) Name of Surety Address of Surety Telephone 2009. Authorized Signature(fitle Authorized Agent Signature Name and Title (Notary acknowledgment of Principal R Surety must be attached) • Bond No• 815856 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of 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 PLAYGROUND RESILIENT SURFACE RENOVATION, CONTRACT NO. 4228 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 of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 22nd day of October 2009. RE Schultz Construction Services (Principal) Western Surety Company Name of Surety 101 S Phillips Ave, Sioux Falls, SD 57192 Address of Surety (800) 331 -6053 Telephone Authorized ized Signatur itle Richard Schult Proprietor Authorized Agent Signature Blake A Pfister, Attotney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) OR d • J'rilf�a'ryf' ✓r�af,. � .. ✓" %y;`e3r ey }'J': a2`:Yt c%f`N- eqN a"ar eu<�3"CY.%Y"�..rr� ✓"'sue}`)' �%,^a<� ✓� ✓6'eY>`J ;lr�'d',r�Ni•eYf' STATE OF CALIFORNIA County of Orange On October 19, 2009 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personfa whose name*) isles subscribed to the LLANNE within instrument and acknowledged to me that hel Commission a 1767633 executed the same in his/Isw A& authorized capacity(t� , Ps Nofory Public . CowarrMm and that by hisGmlM111l signature() on the instrument the Oranpe County person (*), or the entity upon behalf of which the person(* ®vtIMInP11 >bii 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 �offiiccial seal. Signatl ii a.��/ Plaoe Notary Seal Above S atum of Notary Publlo 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: Bid Bond. No 70815856 Document Date: October 22, 2009 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Compan Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: d,. '�3' -.v • J:a:�a':-al °rsf"a9':r y""e"r�a'X`.rC�'nJf� ` a'° a'. a;' a'° a?% �Nr. •Y+.� ✓s'3f`cYC'�J"ar,.`ei:••.a: yr�y.•_a�rvx� ✓�:.�+� - w r- 11 �. . t nVoij POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70815856 $now All Mea W These Presents, that WESTE N SURETY COMPANY, a corporation duly organised and existing under the laws, of the State of Smith Dahmta, and havitis its principal office in sioux Falls, South Dakota (the "Company "). does by these presents make, constitute and appoint BLAKE A PFISTER its true and lawf d atWrney(e }imfact, with full power and authority hereby cenbired, to execute, acknowledge and deliver for and an its behalf as surety, bonds for: Principal: R.E. Schultz Construction Services Obligee: City of Newport Beach AMUunt: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby rat� and confirming all that the said attatnay(e)in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remain in full form and efleot. 'Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, my Assistant Secretary, Treasurer, W any Vice President or by such other officers as the Board of Directors map authorize. The President, any Vice President, Secretary, am Assistant Secretary, or the Treasurer map appoint Attorneys in Fact or agents who shall have authority to issue bends, policies, or undertakings in the nnme of the Campatty. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.' All authority hereby confmxed shall expire and terminate, without notice, ides used before midnight of January 22 , 2010 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its senior Vice President, Paul T. Btadat, and its co.R�pMLd to be affixed this 22nd dayof October 2009 WEST R SURE COMPANY Paul T. Brun 'or Vice President ST Idx A C sa On this 22nd dap of October In the year 2009 ,before me, auotery public, personally appeared Pad T. Bnnfiat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the afm®eid officer of WESTERN SURETY COMPANY and acknowledged said inetrumont to be the vohmtary act and deed of s d carporatien. D. KRELL rtoamrkglWC o01/1H CAIff)ti1 Notary Public -South Dakota My Convttlssioa EX*as November 30,2D12 I the undersigned officer of Western Surety Company, a stack corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and forthecmora, that Section 7 of the bylaws of the Company as net forth in the Power of Attorney is now in force. In testimony whereof I have hereunto set m9 hand and seal of western Surety Company this 22nd day of October 2009 . WEST R SURE 0, COMPANY Paul T. DridlaVSerdar Vice President nter - Company Information fooestern Surety Company Best's Rating Center Cana.. Eump. Western Surety Company la mamba of {.SApytlsre,GOmpaaal •M.Dgla adq. MAV a:",r). Fee.: MapYbe a..qm: A O Bar `neat 9yiv FSn,9D 5111 F.y0il yWIlED C1AIFA Dye'. R.anpa Fln.w.,s4.e01M1 RAnp. Y DeaNYwe Reln, AIE.cMun11 Ard,,Uon Code plOmupl Fiuwml Slxa CamBbp: %(1500 MWin a 9750 MlAim) oudaoL staole AAWn'Ar0,.. EUaobn M.: pumbn 16, 200. Da... LM1OY R.e4w, Rabnpe. S. rodep.almA.'vnc. • Page I of 1 11ye..u,yle sryraw oVada✓r nM bM bm, 4e6E97 ep,vn, en mglbM bbny b Phone'DOS.abaam nwalma, mgoxq opxgaoro la -- - FaX:Sdsaalaxs dolmandam Ieaun Cre.N flannO. Y.w rbAU,am twed,l•m, a OWeak BapN .n MIrmN ma: o.aame.r lF, now a.p.M uW N— WW our NewaROOm for No hWt rowf aM mar 1914P.A.r Im Nis Warawny and in A.M. anal Gbup IMUde. aua FNancw SVepn Rapy eM raPonWe ablq wiN wmpraMmlw analyMal Y,. wmnmrory. 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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. In addition include any projects, private or public, that directly relate to resilient surface renovation. No. 1 Project Name /Number tyL. \T y 41-0 119W964:1: b l9A-fK ( )l 4q 5 rWAm P.9Of P • Cel r �T# LOOK- Project Description Q&0 W/�Cf-AZAJ m,d/ OiYlE.2T�4 6di�BL S'Trlx dies Approximate Construction Dates: From Agency Name Ci114 L) N&,4) OIL 6adl�d Contact Person Greta joft�^. Telephone Original Contract Amount $�inal Contract Amount $ may. GYX�° 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. AJO • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 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 (or 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: Be+" "I sav-. =Ut)E6VJ1a3 P(WI Q 42 m /-} -'je f 11C)JS Address: I(o0S1 IJY-,TFVw 61-VD ly C(YLO I N =t wlhlt�/}LL., of Pau MIS in plgt� o g1iV7 #9 L1 q9% Phone: Q�3L�� SuRF=�a►7g State License Number: _CL -14SS— (x Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Q•L scju 1, Nk)�7r Bidder Authorized SigTatunktifie r • No. 2 Project Name /Number Project Description Ar4ly�b Approximate Construction Dates: From To: Agency Name CMA5fJ-V�, 'V lAr_ 1�-esq I Np -ndrm -- !Y1 7 Contact Person -3)0Wy e,& JSe— Lb Telephone &q sf-� -'v> �Jf Original Contract Amount $LIR Contract Amount $ s 028 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 Approximate Construction Dates: From / U� To: Agency Name L2 &� L> /1 / C1%t SC41 &2(, 0)&1— Contact Persorry�f %Y A G�e-y fJ) Telephonepc� Sw —al6/ Original Contract Amount $':L02 &inal Contract Amount $ `�. Od> 4' 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. I;] No. 4 Project Name /Number J _ff) S GLe_-M ach avL 9)/_F[j_-7— Project Description nC_Pal . re('dyAkb +Z r 1:01L M01— /*r MUL -71107/y I glliog. �l�o& Approximate Construction Dates: From 61 Oi To: Agency Name eG m 3 49 0 Contact Person La�l LL Le)/ Telephone" '77 3- laS6crS � Original Contract Amount $LL): w Final Contract Amount $ K/St ow 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. /VO No. 5 Project Name /Number 7SPF1,1_ V\ T �P_✓1 ��f Project Description d- etm %i" 0- `� vvWl a7/ Approximate Construction Dates: From Agency Name Contact Person Telephone (7 1(4 S&7- 78'63 Original Contract Amount $/ oco final Contract Amount $ OOd co 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. A-10 • No. 6 Project Name /Number Project Description 06N Gr—gy I) f y 6Be-r` Q.Q/Ylap ♦ ���rU f tF� °L Approximate Construction Dates: From D To: 7/e9 Agency Name b42gwrF r S� bS U N 1 FI Ie01 56h 0L- W—S — Contact Person =R4A LU'r14e Telephone 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. /10 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. REac uI'-L ins. Bidder Authorized Igna re/Title "00"S op .. auta�oe tll9Q5 "� w naeammo ulnrc!:b3 • oneu• rwtow � vinuca eena+C Im am 0a 10 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 NON - COLLUSION AFFIDAVIT State of California ) ) ss. tC�ounty of 0 R iG ) JAM,Q � xJY►uJVL— , being first duly sworn, deposes and says that he oc- J is (�wi�►� -�� of e. St oliz e &M517-_, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1 declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signal t Subscribed and sworn to (or affirmed) before me on this rJ� +h day of (0 A9 IJ er 2009 by �� VA 3 1� IN t\50V personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 01601111110 3.20111114M Coffffd n 1 1770000 Notary Public t e" pueeo - Como" o ' ry 01=0 COWV 1011 [SEAL] My Commission Expires: ©� 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 DESIGNATION OF SURETIES Bidders name ,, E -.7jw k 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): Yl%1D /—t 11e� � 1(-N Qplltiil E.Cfi.1_C4 R26OX 41 0 DAJ-IA QZ -t 860) o'Z 9 cam,, Fu N — p0 �X o� Olex+sA / nV n A ( - ) �StESY�r _ e4\J %PseTN -T--nsur nee _die t (nRVaA Nom) EINM �,4 rt.UCIC.��- ��ys .s.eru r ass- -wtiary yr�iranv,���hr�rn I oo wA-rrIer C2rc d• #loo i AU-10 / e ITS - S U sjDv� /W-L&" S.D. (eco) 331'60 -53 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 422 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 91-L sr_�J Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts 2S '� Q 6 Total dollar Amount tracts Contracts (in �� -1 �% (per �-f 7 v o1Vd 3 Ian Thousands of $ No. of fatalities No. of lost Workday Cases _�T --d— 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. 13 0 0 Legal Business Name of Bidder Business Address: a -ap< (o Siluep roD Q CRJD7J6 Business Tel. No.: 171 y — &49, 2(027 State Contractor's License No. and Classification: — Title �%.►�� The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESLIENT SURFACE RENOVATION CONTRACT NO. 4228 ACKNOWLEDGEMENT OF ADDENDA Bidders name l.ItiiSl��i1C� The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 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: 'K- EsC61i-z- C eN6T. Business Add California State Contractor's License No. and (REQUIRED AT TIME OF AWARD) Original Date Issued: WS-900 Expiration Date: 1 q -31 -10 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: l�ICINN � G. <Sc,�u 112, The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone R4hw G.',aN L Owls Po,%/ b stb. CA U7(o Corporation organized under the laws of the State of 16 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 owner /agency? If so, explain. ►t0 Have you ever failed to complete a project? If so, explain. 00 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes No 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. R.eSckvliz. Bidder el T %A7' (Print name of Owner or President of Corporation! mpany) Authorized Signature Ow+j'2iL Title Date 6-16-0 Subscribed and sworn to (or affirmed) before me on this _day of �I j _._2009 by I& /l y ire /(,0�[LUd �/ , proved to me on the basis of satisfa0bry evidence to be the rson(s) who appeared before me. OBORIW J. NMINION ConrhNNOn • 177006 NO"►UONC • CON1aNe OnxgO County 2d,T011 [SEAL) 0 My Commission Expires: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 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 Certificates) 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. N! OR .t MAsolso The Labor and Materials Payment Bond and Fa hfyUp1) sued by an insurance organization or surety (1) currently authtriae^ he4K#1�dPRi sioner to transact business of insurance in the State of Californi and i Sit urety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R.E. Schultz, a California sole proprietorship doing business as ( "dba ") R.E.Schultz Construction Services, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PLAYGROUND RESILIENT SURFACE RENOVATION The work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, cross gutter, driveway approaches, access ramps, medians, root removallpruning, constructing new PCC sidewalk, curb and gutter, cross gutter, driveway approaches, access ramps, medians, installing new tree root barriers per City standards, obtaining a Caltrans Encroachment Double Permit, and other incidental items of work. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4228, 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. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Sixty -Four Thousand, One Hundred Thirty-Five and 001100 Dollars ($64,135.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: R.E. Schultz P.O. Box 6 Silverado, California 92676 714 - 649 -2627 714 - 649 -9223 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 E 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. `xa 0 9 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 a • amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractors work on the Project, or the work of any subcontractor or supplier selected by the Contractor. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 11 i K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: APPROVED AS TO FORM: 25 R.E. SCHULTZ • Print Name: Premium included ir, the Performance bona. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 BOND N0, 70,832814 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, Stale of California, by motion adopted, has awarded to R.E. Schultz, hereinafter designated as the "Principal," a contract for construction of PLAYGROUND RESILIENT SURFACE RENOVATION, Contract No, 4228 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. 4228 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, Western Surety 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 Sixty -Four Thousand, One Hundred Thirty -Five and 00!100 Dollars ($64,135.00) 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 attomeys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 Bond No „832814 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. . And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17th day of November '2009. Richard E Schultz dba R.E. Schultz Construction Services R.E. Schultz (Principal) Western Surety Company Name of Surety 101 S Phillips Ave Sioux Falls, SD 57192 Address of Surety (800) 331 -6053 Telephone Authorized Signature/Title Richard Sthultz, Proprietor Authorized Agent Signature Blake A Pfister, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH THE CONTRACTOR AND SURETY MUST BE ATTACHED 27 Premium is subject adjustment based on* final contract price. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PLAYGROUND RESILIENT SURFACE RENOVATION . CONTRACT NO. 4228 BOND NO. 70832814 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ . 1,924 being at the rate of $ 30.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.E. Schultz, hereinafter designated as the "Principal ", a contract for construction of PLAYGROUND RESILIENT SURFACE RENOVATION, Contract No. 4228 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. 4228 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety 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 Sixty -Four Thousand, Ono Hundred Thirty-Five and 00 /100 Dollars ($64,135.00) lawful money of. the United States of America, said sum being equal to 100% of the estimated amount of the Cotract, 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. 28 • Bond N&0832814 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 full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17thday of November 2009. Richard E Schultz dba R.E. Schultz Construction Services R.E. Schultz Authorized 5ignaturelTitle (Principal) Richard �S hultz, Proprietor Western Surety Company �`7 Name of Surety Authorized Agent Signature 101 S Phillips Ave, Blake A Pfister, Sioux Falls, SD 57192 Attorney in Fact. Address of Surety Print Name and Title (800) 331 -6053 Telephone NOTARY ACKNOWLEDGMENTS OF BOTH THE CONTRACTOR AND SURETY MUST BE ATTACHED 29 • ' NIA ALL-PUMOSE ACKNOWLEDGMENT J'•.J;° ✓I, > ;r4V:iJ:�Jf "• yS�:✓r> y>'w ; ✓ +•"sl e� °u ^er'.'c-�gdL'.N:N ✓T':Ts'.v2`i7C✓ ✓ �Nrc�J'. �3S� .St�+?f " »..e�s-n`"rl :- ✓'>•'m>- STATE OF CALIFORNIA Countyof Orange on November 17: 2009yefoferne, Lianne Nahina, Notary Public Dam Here Insert Name and Title of the officer personally appeared Blake A. Pfister Name(s) of Signers) LIANNE ANNA Commiasebn # 176763 i Notary Public . California Orange County M�/Oanr ►Benl•tQ�p 11,2D11 who proved to me on the basis of satisfactory evidence to be the person* whose name() is/jW subscribed to the within instrument and acknowledged to me that he/falmiillray executed the same in his/looft 0r authorized capacity(#t), and that by hisAMMINniiir 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 myhan� fficia�L:/"" Signature Place Notary Seal Above SI fiaNr f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond 70832814 Document Date: November 17, 2009 Signer(s) Other Than Named Above: None Capacity(ips) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual O Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact WEARNEIRWIMAN ❑ Trustee ❑ Guardian or Conservator I Top of thumb here ❑ Other: Signer Is Representing: a'v - 1>- :irtit ".7: ii'.��S�:rc'ar- >Y/. `e�+.°evr � >.'vL�3: "�J. �'•:v. •-v �y.-N: ar �'• :•rs`:rt".r..y�v' v. °�". crf JG ✓ ertia�,T�,yq✓ .._rr�c7;•- 0 0 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70632814 Know All Man By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint BLAKE A PFISTER its true and lawful attorney(s)-m -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Richard E. Schultz dba R.E. Schultz Construction Services Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratibing and confirming all that the said attorney(s)- in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate owns of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorise. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney m other obligations of the corporation The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of April 29 , 2010 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paull T. Brutlat, and its cwRfA#gcggpl to be affixed this 17th day of November , 2009 WEST R SURE COMPANY Paul T. Brufla^nior Vice President S1 � A ST 96 On this 17th day of November , in the year 2009 , before me, a notary public, personally appeared Paul T. Bruflat, who being to we duly sworn, acknowledged that he signed the above Power of Attora�ny /eeyyy as tthe�sfwasaid officer of WESTERN SURETY COMPANY and acknowledged said instnument to be the voluntary set and deed of or ♦rrrrrrrD. KRr►rrrrrrrrr i /t Fuse 1 C '� otary Public - South Dakota SCIiTN hrrrMrr►rrwr.HrrNrr 1 My Commission ExpIres November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that tha attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth m the Power of Attorney is now in fore. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 17th day of November 1 2009 . WEST R SURE COMPANY Penal T. B 'or Vice President Farm F530fr 9-2008 Premium included in* • the Performance bond. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 BOND NO. 70i832814 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R.E. Schultz, hereinafter designated as the "Principal," a contract for construction of PLAYGROUND RESILIENT SURFACE RENOVATION, Contract No, 4228 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. 4228 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, Western Surety 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 Sixty -Four Thousand, One Hundred Thirty -Five and 001100 Dollars ($64,135.00) 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 fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 • Bond No 432814 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17th day of November 2009. Richard E Schultz dba R.E. Schultz Construction Services R.E. Schultz (Principal) Western Surety Company Name of Surety 101 S Phillips Ave Sioux Falls, SD 57192 Address of Surety (800) 331 -6053 Telephone Authorized Signaturerritle Richard ultz, Proprietor Authorized Agent Signature Blake A Pfister, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH THE CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL-PASE ACKNOWLEDGMENT d �.- S,Y•.3G "aYG'NniY4"\ -.`l': e3d \_. •. N "eY2�J4�:Y/ ";%4 ✓Y�.`YY � � "dY�a; tY dCyYv 'JJ'S �: i3CCJ � e% "'e.; "" ✓4".)<`!4• ✓� tYY`- •JY�.%S�J%�•Jn:.Y �s STATE OF CALIFORNIA Countyof ' Orange On November 17, 2009beforeme Lianne Nahina, Notary Public flare Here Insert Name andrille of the Mcer personally appeared Blake A. Pfister IIANNfi NANINA Commission # 1767633 -m Notary Public - California Orange Cwjnly tllrOpfnRllfphtYp 41 Stull who proved to me on the basis of satisfactory evidence to be the persono whose name( is /jW subscribed to the within instrument and acknowledged to me that he /4111mmay executed the same in his /Isestillisn authorized capacity(M), and that by hisAN1111111111wilir signature# on the instrument the person(i), or the entity upon behalf of which the person(f) 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 nd official sea). Signature aA4&7'lR- Place Notary Seal Above no of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond 70832814 Document Date: November 17, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: here 9 ;,_.US�z' 0 0 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70832814 Anew All Man By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint BLAKE A..- PFISTER its true and lawful attorney(s)- m -fsct, with &ill power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds far: Principal: Richard E. Schultz dba R.E. Schultz Construction Services Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attomay(s )-in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation aball be executed in the corporate name of the Company by the President, Secretory, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of April 29 2010 , but until such time shall be Irrevocable and in fill force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its O °rililll�ltl to be affixed this 17th day of November , 2009 WE8TR SURE COMPANY Paul T. 'or Vice President CA ST 'bi sa On this 17th day of November ,intheyear 2009 ,before me, anotary public, personally appeared Paul T. Bru lat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s d corporation. D. NRELL f 801ff110NIt0'G Notary Public - South Dakota My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company m set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 17th day of November 2009 . WESeTR SU RE COMPANY LZ T Paul T. 'or Vioe President Fom F6306 9-2008 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER BAIE MUIDFDE_ C DATE MM/01A LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 MWED A X X COMMERCIAL GENERAL LIABILITY SF07CGLOO8220 -02 05/10/09 05/10/10 PREMISES Eaocaranca ) s50,000 CLAIMS MADE OCCUR MEDEXP(Anywemwn) $5,000 PFR4DNAL B AM INJURY $ 1.000.000 �a,�® CERTIFICATE OF LIABILITY INSURANCE oPlo JEZI DATE("0@FVYY) RESCH -1 12 03 09 PRODUCE" GENERAL AGGREGATE THIS RTIF TIER OF INFORFAATIOP Barlocker Ins. Svs . - W.H. $1,000,000 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0580438 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 21650 Oxnard Street, Ste #1825 EACH OCCURRENCE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Woodland Hills CA 91365 $ Phone:818- 593 -7001 Fax:818- 593 -7007 $ INSURERS AFFORDING COVERAGE NAIC# INSURED WORKERS COMPENSATION AND EMPLOYERS' LIASILITY Y f N ANY PROPMETORIPARTNERfEXECUTIVE❑ OFFICERf MEMBER EXCLUDED? Mandatnn, In NMI INSURER NIC Insurance C ny 36056 COMBINED SINGLE UNIT $1,000,000 INSURER B, Allied P&C Insurance co 42579 R E Schultz ANY AUTO INSURER C: 05/01/09 P.O. BOX 6 Silverado CA 92676 (aacatlenl) INSURER D: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER BAIE MUIDFDE_ C DATE MM/01A LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 MWED A X X COMMERCIAL GENERAL LIABILITY SF07CGLOO8220 -02 05/10/09 05/10/10 PREMISES Eaocaranca ) s50,000 CLAIMS MADE OCCUR MEDEXP(Anywemwn) $5,000 PFR4DNAL B AM INJURY $ 1.000.000 City of Newport Beach, its officers, agents, officials, employees and volunteers are listed as additional insured with respect to General Liability. Primary wording applies per attached. *10 day notice of cancellation in the event of non - payment of premium. Proj: Resilient Surface Renovation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYONB DATE THEREOF, THE ISSUING INSURER YALL ENDEAVOR TO MAIL *30 OAYSWRrrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Newport Beach REPRESENTATIVES. PO BOX 3000 AUTHORIZED REPRESENTATIVE NewPort Beach CA 92658 -3080 ACORD 25 (2009/01) CORPORATION. All rights reserved. The ACORD name and logo are istered =of ACORD GARAGE LIABILITY ANY AUTO GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO $1,000,000 EXCESS I UMBRELLA LIABILITY OCCUR E] CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE POLICY FRO LOC AGGREGATE $ $ AUTOMOBILE LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIASILITY Y f N ANY PROPMETORIPARTNERfEXECUTIVE❑ OFFICERf MEMBER EXCLUDED? Mandatnn, In NMI COMBINED SINGLE UNIT $1,000,000 • E.L EACH ACCIDENT X ANY AUTO ACP7803404800 05/01/09 05/01/10 (aacatlenl) BODILY INJURY $ ALL OWNEDAUTOS SCHEDULED AUTOS (Per Perron) X BODILY INJURY $ HIRED AUTOS X NONOWNEDALUIOS (Per accident) X PROPERTY DAMAGE $ • Comp Ded $1000 X Cnl l nc'l AIOOn R (PeramidenU City of Newport Beach, its officers, agents, officials, employees and volunteers are listed as additional insured with respect to General Liability. Primary wording applies per attached. *10 day notice of cancellation in the event of non - payment of premium. Proj: Resilient Surface Renovation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYONB DATE THEREOF, THE ISSUING INSURER YALL ENDEAVOR TO MAIL *30 OAYSWRrrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Newport Beach REPRESENTATIVES. PO BOX 3000 AUTHORIZED REPRESENTATIVE NewPort Beach CA 92658 -3080 ACORD 25 (2009/01) CORPORATION. All rights reserved. The ACORD name and logo are istered =of ACORD GARAGE LIABILITY ANY AUTO AUTOONLY- EAACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS I UMBRELLA LIABILITY OCCUR E] CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIASILITY Y f N ANY PROPMETORIPARTNERfEXECUTIVE❑ OFFICERf MEMBER EXCLUDED? Mandatnn, In NMI TORY LIMBS I I ER E.L EACH ACCIDENT $ EL DSEASE - EA EMPLOY $ City of Newport Beach, its officers, agents, officials, employees and volunteers are listed as additional insured with respect to General Liability. Primary wording applies per attached. *10 day notice of cancellation in the event of non - payment of premium. Proj: Resilient Surface Renovation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYONB DATE THEREOF, THE ISSUING INSURER YALL ENDEAVOR TO MAIL *30 OAYSWRrrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Newport Beach REPRESENTATIVES. PO BOX 3000 AUTHORIZED REPRESENTATIVE NewPort Beach CA 92658 -3080 ACORD 25 (2009/01) CORPORATION. All rights reserved. The ACORD name and logo are istered =of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONALINSURED ENDC (EXCLUDING RESIDENTIAL.) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1185 SCHEDULE Name of Person or Orgenbatlon: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide Insurance such as is afforded by this POLICY. WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work" for that insured by or for you. The following additional provisions apply to any an0ty that is an insured by the terms of this endorsement: Prime Wording If required by written contract or agreement Such insurance as Is afforded by this poky shag be primary insurance, and any insurance or self- insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We wave any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any clam arising out of the sole negligence of any additional Insured or any of their agents/ employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words you" and your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF-ES 160 (512006) h d Boor 0 0 POLICYHOLDER COPY SP STATE INSURANCE FUND P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11 -25 -2009 CITY DF NEWPORT BEACH SP ATTN: BUILDING DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92683 -3818 GROUP: POLICY NUMBER: 1818103 -2009 CERTIFICATE ID: 54 CERTIFICATE EXPIRES: 01 -01 -2010 01 -01- 2009/01 -01 -2010 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 53 DATED 11 -17 -2009 dOB:PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT# 4228 This is to certify that we have issued a valid Workers Compensation insurance policy In a form approved by the California Insurance Commissioner to the emplayer named below for the policy period that will expire or did expire as indicated above. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. =11211EIREPRESENTATI V PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2009 -11-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009 -11 -25 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH RSi19[el'IR 7 SCHULTZ, RICHARD AND SCHULTZ, SHANNON M OBA: R E SCHULTZ CONSTRUCTION SERVICES PO BOX 6 SILVERADO CA 92878 (MSW,CS] InEV.2 -051 PRINTED : 11 -25 -2009 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 11/23109 Date Completed: 11/23109 Dept. /Contact Received From: Shari Rooks Sent to: Shari Rooks By: Michelle Ross Company /Person required to have certificate: I. GENERAL LIABILITY A. B. C. INSURANCE COMPANY: NIC Insurance Co. AM BEST RATING (A: VII or greater): "A "(X) ADMITTED Company (Must be California Admitted): Is Company admitted in California? R.E. Schultz 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? ❑ Yes ® No $1,000,000 ® Yes ❑ No Q4 R M 0 ❑ 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: Allied P &C Insurance Co. B. AM BEST RATING (A: VII or greater) "A + "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 III. WORKERS' COMPENSATION A. B. C. D. El INSURANCE COMPANY: State Fund Compensation Ins. Fund AM BEST RATING (A: VII or greater): n/a LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUJREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL) Carrier is non - admitted; Additional Insured En Auto) Additional Insured Endorsement missing WC) SCIF is not rated by Best's Guide: Waiver of Ed. 8 2009 must show as noted above ❑ Yes ® No Check a License or Home ImpWment Salesperson (HIS) Registration 14Vntractors Stat... Page I of 1 ! t �4 flx' Contractor's License Detail - License # 755160 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this Information, you should be aware of the following limitations. CSLS complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, 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 7071.17, only construction related civil judgments reported to the CSLB are disclosed. 'y Arbitrations are not listed unless the contractor fails 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: 755160 Extract Date: 10/23/2009 R E SCHULTZ Business Information: P O BOX 6 SILVERADO, CA 92676 QorWitions of Use I Privaq.P4licy. Copyright © 2009 State of California https:// www2. cslb. ca. gov/ OnlineServices /CheckLicense/LicenseDetail .asp 10/23/2009 Business Phone Number. (714) 649 -2627 Entity: .... Sole Ownership .... ..... .. ............. .. Issue Date: 10/13/1998 Expire Data: 10/31/2010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING. CONTRACTOR CONTRACTOR'S BOND This license fled Contractor's Bond number SC8001743 in the amount of $12,500 with the bonding company Bonding: AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 0310212009 Contractor's Bondirkg History This license has workers compensation insurance with the STATE,COMPEN$ATIQN INSURANCE FUND Policy Number: 1818103 Workers' Compensation: Effective Date: 0110112008 Expire Date: 01101/2010 Workers' Compensation History QorWitions of Use I Privaq.P4licy. Copyright © 2009 State of California https:// www2. cslb. ca. gov/ OnlineServices /CheckLicense/LicenseDetail .asp 10/23/2009 WTY OF NEWPORT #EACH n C9C, FO FN,P R E SCHULTZ PO SOX 6 SILVERADO, CA 92676 INSTRUCTIONS AND CONDITIONS ACCOUNT NUMBER: ST3002994! EXPIRATION DATE: 11/30/2010 Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that th named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date showr Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or othe agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificate are not transferable to any other party or person and are not pro- rated. Refunds are not provided once the certificate has been Issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownershi (i.e. from a sole proprietorship to a partnership or LLC). nature of business, or ownership void the current certificate and require filing of an payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, c additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of recorc Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to maximum of 100% of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e-mail u at: RevenueHelp @city.newport- beach.ca.us, or visit us on the internet at www.cilynewport-beach.ca.us and view the Municipal Code on -line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 11/30/2010 ACCOUNTNUMBER: BT30029945 PRINT DATE: 11/17/2009 e rr OWNERIPRINCIPAL NAME: SERVICE ADDRESS: •. R E SCHULTZ CONSTRUCTION''3y SCHULTZ, RICHARD 28193 SILVERADO CYN RD OWNERSHIP TYPE: SILVERADO CA 92676 SOLE PROPRIETORSHIP BUSINESS CATEGORY: TAX INCLUDES PAYMENT FOR: EXCAVATION WORK 0.00 W"LOYEES SELLERS PERMIT: NO SELLERS PERT! ? DATE OF ISSUE: 04/23/2008 PRINT DATE: 11/17/2009 e rr Lalez lady 06:52 13045274723 • P. E SCMA?2 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beech, California 92883 Gentlemen: PAGE V. The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plants and Special Provisions, and hereby proposes to furnish ad materials except that materiel suppled by the City and shall perform all work required to complete Contract No. 4228 In accord with the Plans and Special Provisions, and will take In full payment therefore the following unit prices for the work complete in place, to wit ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT TOTAL PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization �5¢WTN�' ut't�rDs�lt —$— CeMS E WS6. Per Lump Sum 2. Lump Sum TmMc Cor" lip &a h1MDp4A Doliam and Cants $fit = Per Lump Sum 3. Lump Sum Temporary Construction Chain Lurk Fence � �A'AEFfYw1 �hNUOEfiA Dolsre and Cents YOD, Per Lump Sum U. :n2 !3045274723 A, E SCHUL^ PAGE 63 • • PR2of3 iTEM QUANTITY AND (NIT ITEM DESCRIPTION AND UNIT PRICE WRITSEM IN WORDS UNIT PRICE TOTAL PRICE 4. 2,900 S.F. R n om Ektairg 44flah Thick PW stamco 0 TZvO DoMm am t rtxttrk� M Owes s Z M 3 751 — Pa Squae Foot _ S. 1,415 S.F. Rarmva EValing 4-Inch Thick AWhdt PMy SuAace Om � ONE �Dagas - &- —CIO* s + , — s Per Sluue Foot 9. 1,415 S.F. Co MVW 44nch Thick PCC Bate JlFm4t, Pagans and jarb P C«ro. Per 9gWt! FOOL 7. 2,600&F. 8. 4.000 S.F. 9. 2,400 S.F. Coratmd 3.64nah Thick Play Surfim One ® Aw'd Doll arse Nine came Per Swam Foot Conshuat 0,64neh Thick Colored Play Sukfeoe Finish Courw ad �4JAL Dallala and 4 Cads Per Spuako Foot Conehuat 0.5 loch Thick Colored Play SufAm Finish PatMrn Cease and Conbs Per sQere� F" $ 1A YO $ 22(0 — L 11,Dq s %D, /3N. — $ q,' i ,— &jAQ2,— s 41,4/0 s,.(Q5+n0.— 10/a2/2009 05:52 !3345274723 R E Sp0.L7Z PAGE 04 • • PR3d3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORM PRICE PRICE 10. Lump Sum As4kM Ph= � TWO and Dollare and zom Centa $ 2,000.00 Pr lump Sum TOTAL PRICE IN WRITTEN WORDS SI+CFi/ r wA,- T*ws A yo b.V -hyNi)juD 17RlaTll "l k—f Donsrs and Cams S (e% 135, " Taal PrICe(Fig W) WA 9n 8idde/'s Talaphons Fax Number 9ldWo LWnwWe(s) and Caasaftedon(s) �tlder C �c C f OENIV+2. BWders Autlwr¢ed SWdum and TWO AD-&%4 (o S)JWXA t 9247( 9idds/s Addreta 10/12/2009 NON 12:65. FAX CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.1 @002/03a Page: 1 of 1 PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO A 8 DATE: 16-1.2.Oef BY: City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents - all other conditions shall remain the same. FEDERAL MINIMUM WAGE RATES 1. Delete Federal Wage Decision; CA080035, dated 08/28/2009, CA35. 2. Insert current Federal Wage Decision; CA080035, dated 0910412009, CA35. AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) 1. Insert and sign American Recovery and Reinvestment Act (ARRA) documents, 5 pages. Bidders must sign this Addendum No.1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No.1 is attached. I have carefully examined this Addendum and have Included full payment in my Proposal. 1Z,t c.)n � G• ��.��_ Bidder's Name (Please Print) 10-1 Date ll Authorized Sign4lQQ 8r Title fAusersApbwAsharedlcontmctslfy 09- 901playground suriachg prolect c-42 $Wdendum no 1.doo 10/12/2009 MQM 12:45 PAX AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) 0003/034 10/12/2009 MOH 1205 PAR 004/030 AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) Use of ARRA Funds and Requirements This Contract is funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA'% signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality, () Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent, or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the `Buy American" requirement. Request for a waiver must be made to the City for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate' requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the City contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be requited tD provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the City may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the City pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at lapWwww.ccr.mov and may be required to have its subcontractors also register in the same database. Contractor must contact the City with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by the Office of Management and Budget Circular A -133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF- SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub- contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed infort ation regarding expenditures so that the City may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the City pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Page 1 of 5 10/12/2009 MON 12:66 FAR Reporting of job Creations: Certification of Understanding American Recovery and Reinvestment Act (ARRA) [Submit this repon lath Week# Certified Payroll RV&] Week Ending �0o5 /o3a A job created is a new position created and filled or an existing unfilled position filled as a result of the Recovery Act A job retained is an existing position that would not have been continued to be filled were it not for the Recovery Act funding. A job cannot be counted as both created and retained Provide a list of trades (Labor and Mechanics) hired on this project with weekly certified payrolls- Full -Time Retained 1. 2. 3. 4. 5. 6. 7. 9. 10. Part-Time Retained 1. 2. 3. 4. S. 6. 7. 8. 9. 10. Created New Positions 1. 2. 3. 4. S. Trades Hotus Worked I have read and uts stand the regulations and will comply with the ARRA requirements. fl�'No -O� Prime Contractor Date Subcontractor Date Page 2 of 5 10/12/2009 MON 12:47 PAX 0006 /034 AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) I EMPLOYMENT IMPACT NARRATIVE I [Submit tdu report wab B4 Prime recipients are required to report an estimate of jobs directly created or retained by project and activity or contract Recipients will be asked to provide a narrative description of the employment impact. The narrative should include a brief description of the estimate of jobs created and types of jobs created or retained This description may rely on job tides, broader labor categories, or the recipient's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work. WE= 0 �jy-/s P�AT�rx wi�� 'tee- �por`���I� fe2'aii� -Fu tf 7i m e r' Y' 9 . I have read and understand the instructions pertaining to the employment impact narrative and will comply with the ARRA requirements. prime Contractor Date Subcontractor Date Page 3 of 5 10/12/2009 MON 12:67 FAX Certification of Understanding American Recovery and Reinvestment Act (ARRA) Buy American Requirements 00.0.7 /034. This Contract may be funded in whole or in part with funds provided by the American Recovery and Reittvestment Act of 2009 C ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CPR 176.140) unless all o€ the iron, steel and manufactured goods (as defined in 2 CPR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (t) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality, (u) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the 'Buy American" requirement Request for a waiver must be made to the City for an appropriate determination. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the City contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the City may fulfill any repotting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the City pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at : / /www.ccr.g2v and may be required to have its subcontractors also register in the same database. Contractor must contact the City with any questions regarding registration requirements. Contractor may be required to provide detailed information regarding expenditures so that the City may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the City pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Page 4 of 5 10/12/2009 NON 12t47 FAX ®008/034 Certification of Understanding American Recovery and Reinvestment Act (ARRA) Buy American Requirements [Syb m+it this npw with BM7 List of Vendors and Products under the `Buy American" requirements: 1. ROt'��?� -. S'NOUS7d�)PS sNC. -- f'l�rSber►�e� p/,4- yg�oe�np svrFAr�ne�; 6 .� A-De Pt'Uvt'1 r'�y cl,eeP �L�SSen��e' T /rte. S . z 3. 4. 5. 6. 7. S. 9. 10. I have reed aiA understand the Buy American Requirements and will comply with the requirements. _ 1h- 16-0°+ Prime Coatrac Date Subcontractor Date Page s of s SUMMARY OF CONTRACT PROVISIONS (FEDERALLY FUNDED PROJECT) S -1 0 0 Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Federally Funded Project Prevailing Wage Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document. This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk's office, and is also available online at http: / /www.dir.ca.gov /disr /. Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub - recipients, the conflict of interest provisions in (State LCA - 24 CFR 85.36 and Non - Profit Organizations — 24 CFR 84.4), OMB Circular A -110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 0 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 55(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WHA321) 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. (11) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action U.S. Department of losing and Urban Development Office of Labor Relations taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (ill) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee Previous edition is obsolete Page 1 of 4 fowl HUD4010 (0712003) rer. Handbook 1344.1 0 0 may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(N) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215 - 0017.) (if) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any forth desired. Optional Forth WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number D29-005- 00014 -1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training. Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as t0 the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the relics and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage Previous etl0ion Is obsolete Page 2 of 4 form HUD -4010 (0712003) ref. Handbmk 1344.1 • determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (it) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full tinge benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (III) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. S. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract S. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 0 7. Contract termination; debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (t) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firth is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (tt) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions ", provides in part: °Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.° 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms 'laborers" and 'mechanics' include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. Previous edition is obsolete Page 3 of 4 form HU0.. 4010 (07/2003) ........................................... ............................... 9 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. is (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 at sea. (3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous edition Is obsolete Page 4 of 4 lam HUD-4010 (0712003) ref. Handbook 1344.1 Federal Ec Affirmative Action 1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive order 11246) a. The Offemes or Bidder's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage temps for the contractor's aggregated work force in each trade on all construction work in the covered area, are as follows: r • Goals for Minority Goals for Female Participation for Participation in Timetables Each Trade Each Trade 28.3% 6.9% These goals are applicable to all the contractors construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non- federalty, involved construction. The contractors compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractors goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles -Long Beach, specifically the County of Los Angeles, State of California. 3, STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications: (1) Covered area means the geographical area described in the solicitation from which this contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employers Quarterly Federal Tax Return, United States Treasury Department Forth 941. (4) Minority includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and • 0 (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. C. If the contractor is participating (pursuant to 41 CFR Part 60.4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. E 0 g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractors employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractors efforts to meet its obligations. (5) Develop on- the -jab training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractors employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above. (6) Disseminate the contractors EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation In assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractors EEO policy externally by induding it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractors EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. 0 0 (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractors work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment - related activities to ensure that the EEO policy and the oontractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non - segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor - union, contractor- community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. M. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60 -1.8 (Show Cause Notice). n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). P. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor's or subcontractors entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 644.2. 4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor /subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non - segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed. C. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. 0 0 e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC -257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor /subcontractor shall attach the Contractor's List of Federal and Non - Federal Work in Bid Condition Area to the monthly report. 5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. 0 0 Contracting With Small Business, Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms 1. It is national policy to award a fair share of contracts to Small Business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized, when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following: a. Including qualified Small Business and Minority Firms on solicitation lists. b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources. C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above. 2. Grantees shall take similar appropriate affirmative action in support of Women's Business Enterprises. 3. Grantees are encouraged to procure goods and services from Labor Surplus Areas. 0 0 with Clean Air and Water Acts During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall fumish to the owner, the following: 1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in the performance of any non exempt contract or subcontract,. is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 1520. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specked in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. 0 0 Non - Collusion Affidavit State of Califomia Compliance Form — To be submitted with Bid §7106. Any public works contract of a public entity shall include an affidavit, in the following form: State of California County rQ vt a 2`` ss. �1(`it1QY SGhiL� ]) 1 Z beina first duly swum. deposes and says that. he eF-che is r:) tit ino r of iRF_ G11 u V iZ L Avg 51 Y Ll('.tr OY) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." Project Name: P/Auatoy n n R.QSt�. e^T Project Number: 't oLcP-6 Ce Company:_R SCkUC_T->__ Cfn&TrU(2_7I4) . n Address: T •o� '5 Signature: Title: Q W NQ-(L- Date: 1 I Lj SWORN TO AND SUBSCRIBED TO BEFORE ME This day of 20 A t 7700i{ /sl Notary Public: t/il i�LY� C� My Commission Expires: Prime Contractor's List of Proposed Subcontractors Federal Compliance Form — To be submitted with Bid and Updated as Necessary Bidder must list all subcontracts involving labor at the site of construction, regardless of subcontract dollar amount or percentage of bid _ s Location: Y 411 W S &OeA& of /4&&V27r- AmRoWk AGENCY p. Project Number: 4q�CJ SUBCONTRACTORS: Name, Address, and Telephone Number Employer Identification Number Contractor License Number Contract Amount Estimated Start Date Estimated Completion Date TRADES TO BE USED D) ap-T- rx1prr -ur WAJ �q TO: i • Notice of Eaual Em — To be submitted with Bid (Name of Labor Union, Workers Representative, etc. (Address) Name of Business ( Contractor): gr-- Sf24W LIZ C¢1Y�Sff7lty[[�- Project Name:91615r wm eeeytr Project Number: Su Q- 't1e► The Undersigned currently holds a contract with involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. O MP gdoi (Date) By: (Signatwe) 0 U/Jt/ea-- (Title) r r U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMBAppmval Number 2501-0011 (Exp. 09130!2009) 1. FROM (name and address of requesting agency) � of k4e vprt 6e eH 2. PROJECT NAME D NUMBER c P14Y r"� oV41fl0— 3 Sap n ��t lv • 1�vC'" � / o� 3. LOCATION OF PROJECT (City, CQp,u�nry and State) i1 �P.t.e f Orl— C3412AC `f or g�c�v� CA" F- 4. 4. BRIEF DESCRIPTION OF PROJECT S. CHARACTER OF CONSTRUCTION (zesug-er" Ia- _IS El Building El Residential uhNG ` 1 ❑ Heavy W other (specify) ❑ Highway ®Zd G rda4S �� �, TT d 6. WAGE DECISION NO. (include modification number, if any) 7. WAGE DECISION EFFECTIVE DATE c,+p6u7 003,E ❑ COPY ATTACHED 6. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) 9. PBIME C A OR name, a�dd`esss�r YJ r �'L4 10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address) moo. I4 q4-67,6 ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. ❑ The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. ❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). ❑ Supporting documentation attached, including applicable wage decision. NNOWWA ❑ Approved, meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria as explained In agency referral. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Date Log in: (Typed name and signature) Log out: ' Phone Number HUD 4230A (9-03) PREVIOUS EDITION 13 OBSOLETE 0 0 Past Performance Certification Federal Compliance Form — To be submitted with Bid The *idder, Oproposed sub - contractor, hereby certifies that he/she OhasLias not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he /she Ohas,kas not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Dater Project Number: Contract Award: $ �J?� Awarding Agency: C 1-!IA o-P INv Pq P�, '\ Contractor Name: } -U4t AOM (igf)JVULWtal Number of Employees 71 Affiliate Company: M NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 17(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF -100 (EEO -1) must be filed by; (A) All private employers who are (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60 -1.5 (2) Have 50 or more employees, and a. Are prime contractors or first -tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. 0 0 Facilities Certification The federally - assisted construction contractor certifies that he /she DOES NOT and WILL NOT: Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. 2. Permit his /her employees to perform their services at any location, under his /her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally- assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he /she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he /she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: 1.1 2,0 I JL Company: i u" _Al U I y 1 M Project Number: `-t 2, Title: `a • • Worker's Compensation Certification Form — To be submitted with Bid I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: UL ?.� Project Name: Usot,) Company Name: L Address: (� Print Name: L� • �C�VLl1 1 Title: Signz Project Number: 1-1 2 4 Name of Address: Stater n L J Federal Certification L Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract: No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions, and; 3. The above name firm shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreement) and that all sub - recipients shall certify and disclose accordingly. NOTE: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: By: US (Sig -) o6LPA_140� a Federal Wage Decision 0 Incorporated into the construction contract as part of the Bid Document To be physically attached to all subcontracts with the HUD -4010 Federal Labor Standards Provisions 0 0 FEDERAL WAGE DECISION F -1 0 0 General Decision Number: CA080035 08/28/2009 CA35 Superseded General Decision Number: CA20070035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ASBE0005 -002 08/07/2007 Publication Date 02/08/2008 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 Rates Fringes Asbestos Workers /Insulator (Includes the application of all insulating materials, protective coverings, 0 0 coatings, and finishes to all types of mechanical systems) ..... $ 37.01 10.84 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls ) ...........................$ 20.76 10.23 ASBE0005 -004 08/07/2006 Rates Fringes Asbestos Removal worker /hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 19.55 6.38 BRCA0004 -010 05/01/2009 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 Fringes TERRAZZO FINISHER ................$ 26.59 9.62 TERRAZZO WORKER/SETTER ........... $ 33.63 10.46 ---------------------------------------------------------------- CARP0409 -001 07/01/2009 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 37.35 10.58 (2) Millwright ..............$ 37.85 10.58 (3) Piledriver /Derrick 0 0 Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, 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 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 37.35 10.58 STOCKER/SCRAPPER ............ $ 10.00 6.67 BLEC0011 -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 9 0 voltage work, and energy management systems_ Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ------ -- — ------------------------------------------------------ ELEC0441 -001 12/01/2008 Rates Fringes CABLE SPLICER ....................$ 40.34 3% +11.90 ELECTRICIAN ......................$ 38.57 3% +11.90 --- ---- ------------------------ ELEC0441 -004 12/01/2008 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer /Fiber Optic Splicer .....................$ 39.17 3% +11.90 Electrician .................$ 38.57 3% +11.90 Technician ..................$ 28.93 3% +11.90 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems 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 0 0 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 LINE Rates Fringes (1) Lineman; Cable splicer..$ 1 ....................$ 44.47 13.11 (2) Equipment specialist GROUP 2 ....................$ (operates crawler 17.22 GROUP 3 ....................$ tractors, commercial motor 37.90 17.22 GROUP vehicles, backhoes, 39.39 17.22 trenchers, cranes (50 tons 5 ....................$ 40.49 and below), overhead & GROUP 6 ....................$ underground distribution 17.22 GROUP 7 ....................$ line equipment) ........... $ 35.52 12.07 (3) Groundman ...............$ 27.17 11.82 (4) Powderman ...............$ 9 ....................$ 39.71 12.23 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018 -001 01/01/2009 Rates Fringes ELEVATOR MECHANIC., .............. $ 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 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 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: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS • • GROUP 12 ....................$ 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 GROUP 24 ....................$ 41.34 17.22 GROUP 25 ....................$ 41.51 17.22 POWER EQUIPMENT OPERATOR (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 38.18 17.22 GROUP 2 ....................$ 38.96 17.22 GROUP 3 ....................$ 39.25 17.22 GROUP 4 ....................$ 39.39 17.22 GROUP 5 ....................$ 39.61 17.22 GROUP 6 ....................$ 39.72 17.22 GROUP 7 ....................$ 39.84 17.22 GROUP 8 ....................$ 40.01 17.22 GROUP 9 ....................$ 40.18 17.22 GROUP 10 ....................$ 41.18 17.22 GROUP 11 ....................$ 42.18 17.22 GROUP 12 ....................$ 43.18 17.22 GROUP 13 ....................$ 44.18 17.22 POWER EQUIPMENT OPERATOR (Tunnel Work) GROUP 1 ....................$ 38.68 17.22 GROUP 2 ....................$ 39.46 17.22 GROUP 3 ....................$ 39.75 17.22 GROUP 4 ....................$ 39.89 17.22 GROUP 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 0 L 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 loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt - rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra- hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power- driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw /Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck /Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar); Micro tunnel system 0 0 (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self - propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1 -1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator - bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt - rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self - propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator ( Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth - moving equipment operator (single engine; caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self- loading paddle wheel type -John Deere, 1040 and similar single unit); Self - propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1 -1/2 yds. up to and including 6 -1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar- bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types- Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types- drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.); Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6 -1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - welder Combination, welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi- engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle - wheel -auger type self- loading - two (2) or more units) GROUP 13: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck) 0 0 GROUP 16: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds_ struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 0 yds. struck) 0 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 l: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin - Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and /or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons 0 0 GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power - driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber- tired, rail or track type); Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman 0 0 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 i6'% 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 iz% of the N 16% 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 iz% 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 16M 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 line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of TIS, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of TBS, 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 & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW 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 0 0 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 ia% 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 TBN, 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 MDMJ. 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. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the W it% of the NW iay, of Section 2, TBS, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE iayi of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the W ia% of the NW iZM of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW ia# of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- * EN010012 -004 08/01/2009 0 0 Rates Fringes POWER EQUIPMENT OPERATOR (DREDGING) (1) Leverman ................$ 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 23.17 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 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LABO0300 -001 07/01/2008 Rates Fringes Brick Tender .....................$ 27.17 13.75 ---------------------------------------------------------------- LAB00300 -003 07/01/2008 Rates Fringes LABORER (GUNITE) GROUP 1 .....................$ 29.79 16.87 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and 0 • GROUP 2 .....................$ 28.84 16.87 GROUP 3 .....................$ 25.30 16.87 LABORER (TUNNEL) 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 .....................$ 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 .....................$ 26.86 13.75 GROUP 3 .....................$ 27.43 13.75 GROUP 4 .....................$ 28.98 13.75 GROUP 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, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, insihle and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi - plate; Kettle person, pot person and workers applying asphalt, lay -kold, creosote, lime caustic and similar type materials ( "applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come - alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock Slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand - propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock Slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers, work; oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster 0 0 (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example,ebut 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: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ------------------------- -------------------------------------- LAB00300 -005 08/05/2009 Rates Fringes LABORER PLASTER CLEAN -UP LABORER .... $ 26.65 14.70 PLASTER TENDER ..............$ 29.20 14.70 --------------- ------------ --- ------------ - - -- ----------------- LABOO982 -002 01/01/2009 Rates Fringes Ll L 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, fabrication of temporary wooden barriers and assembly of decontamination stations. IABO1184 -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 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 Rates 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 $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247 -002 05/01/2009 Rates Fringes SOFT FLOOR LAYER .................$ 30.85 9.54 ---------------------------------------------------------------- PLAS0200 -009 08/05/2009 Rates Fringes PLASTERER ........................$ 35.41 9.88 --- -- ------------------- -- ------------------------------------- PLAS0500 -002 07/01/2007 Rates Fringes CEMENT MASON /CONCRETE FINISHER ... $ 28.00 16.45 ---------------------------------------------------------------- PLUM0016 -001 07/01/2009 0 PLUMBER /PIPEFITTER Rates Fringes (1) Work on strip malls, 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 floor space .................$ 35.97 15.86 (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 -002 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 i E ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS 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 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. 129 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work ........................$ 39.66 16.78 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... $ 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. 129 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 equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6 -1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6 -1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; welder GROUP 9: Truck repair person /welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; water pull - single engine with attachment GROUP 11: water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above --- ------- --- --- -- ----- --- -- - - ---- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). i • In the listing above, the vsun designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CPR Part 1.8 and 29 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: 0 0 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 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PLAYGROUND SAFETY SURFACE RENOVATION CONTRACT NO. 4228 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2.5 PLANS AND SPECIFICATIONS 1 2 -5.3 Shop Drawings and Submittals 1 2 -5.3.1 General 1 2 -6 WORK TO BE DONE 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 3 6 -7.4 Working Hours 3 6 -9 LIQUIDATED DAMAGES 4 0 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -8.6.1 Best management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 8 PART 2 -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 SECTION 203 BITUMINOUS MATERIALS 9 203 -15 RUBBERIZED PLAYGROUND SURFACES 9 203 -15.1 General 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 10 300 -1.5 Solid Waste Diversion 10 0 • SP1OF10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 4228 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. P- 5222 -S); (3) the Work Schedule, (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICAITIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.1 General. Add to this section: "Contractor shall prepare and submit a sample of each required flexible play surface." 2-6 WORK TO BE DONE. Add to this section, The work necessary for the completion of this contract consists of removing and disposing of existing improvements, grading, constructing PCC base and flexible play surfaces and constructing other incidental items of work.° • SP2OF10 SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 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. 0 • SP3OF10 SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. Contractor shall work on and complete one site at a time. 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 ,t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4t the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31 st (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. • SP 4 OF 10 Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.90 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. If the Contractor's failure to complete the work triggered a penalty assessment by the Federal Government against the City, the Contractor will be held responsible for payment of such penalty by his late completion. 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 the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca.us/pubworks/links.htm." • • SP5OF10 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. Contractor shall also comply with the Clean Air and Water Act summarized is Section S -1 of the Specifications. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. The contractor shall maintain access to the all recreation facilities outside the construction area at all times. In addition the Contractor shall fence off the entire work area with a 6 -foot high temporary chain link fence during the construction." 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, parking lot or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineers approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 0 0 7 -10.4 Safety SP6OF10 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 Contractors 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. • • SP7OF10 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS -BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, providing sanitary facilities as needed, 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, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. 0 0 SP8OF10 Item No. 3 Temporary Construction Chain Link Fence: Work under this item shall include providing and installing a temporary construction chain link fence to secure the work site and complete all other items as required for performing the work complete and in place. Item No. 4 Remove Existing 4 -Inch Thick Play Surface: Work under this item shall include removing and disposing of the existing 4 -inch thick play surface, and all other work items as required to complete the work in place. Item No. 5 Remove Existing 4 -Inch Thick Asphalt Play Surface Base: Work under this item shall include removing and disposing of the existing 4 -inch thick asphalt play surface base, and all other work items as required to complete the work in place. Item No. 6 Construct 4 -Inch Thick P.C.C. Base: Work under this item shall include constructing a 4 -inch P.C.C. concrete base with thickened edge, doweling, and all other work items as required to complete the work in place. Item No. 7 Construct 3.5 -Inch Thick Play Surface Base: Work under this item shall include the construction of a 3.5 -inch thick cushion layer base to provide a foundation for the colorized playground surface, and all other work items as required to complete the work in place. Item No. 8 Construct 0.5 -Inch Thick Colored Play Surface Finish Course: Work under this item shall include the construction of a 0.5 -inch thick colorized wear course for the playground surface, and all other work items as required to complete the work in place. Item No. 9 Construct 0.5 -Inch Thick Colored Play Surface Finish Pattern Course: Work under this item shall include the construction of a 0.5 -inch thick colorized wear course for the playground surface that duplicates the pattern of the existing rubberized surface, and all other work items as required to complete the work in place. Item No. 10 The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." 9 PART 2 CONSTRUCTION MATERIALS • SP9OF10 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." SECTION 203 - -- BITUMINOUS MATERIALS 203 -15 RUBBERIZED PLAYGROUND SURFACES 203 -15.1 General. The Contractor shall hire an experienced sub - contractor or have crews experienced in constructing a 3.5 -inch thick flexible cushion course, with a 0.5 -inch colorized playground safety surface, on a flinch thick PCC slab. The Contractor shall submit references for the sub - contractor's previous work involving the construction of rubberized play surfaces to the Engineer for approval. The flexible surface shall consist of a 3 -' /z -inch thick cushion layer. consisting of shredded styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder and a '' /cinch thick colorized wear course consisting of colorized Ethylene Propylene Diene Monomer (EPDM) particles with an Aliphatic Binder. The rubberized playground surface shall be "Poured -in -place playground surfacing" as manufactured by Tot Turf and available through: Tot Turf 4145 W. Mercury Way Chandler AZ, 85226 Phone: (800) 858 -0519 So. Cal Dist: Mark Hollowell Phone: (818) 397 -6273 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newoort- beach.ca.us/GSV /Frachised Haulers.htm." SP 10 OF 10 300 -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. 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." 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. F :1Users%PBWtSharedlContracts\FY 09-101PIayground Surfacing Project C- 42281SPECS C4228.doc • • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT p!0d 10 2099 Agenda Item No. 7 November 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, P.E. 949 -644 -3330 or sluy @newportbeachca.gov SUBJECT: PLAYGROUND RESILIENT SURFACE RENOVATION - AWARD OF CONTRACT NO. 4228 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4228 to R.E. Shultz Construction for the Total Bid Price of $64,135, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish a contingency amount of $17,365 (27 %) to cover the cost of unforeseen work. Discussion: At 11:00 a.m. on October 22, 2009, the City Clerk opened and read the following bids for the replacement or recovering of resilient play surfaces at the Community Youth Center at Grant Howald Park, Cliff Drive Park, Bonita Creek Park and Bob Henry Park: Low R.E. Shultz Construction 2 Big Ben Inc. 3 Installation Pros Inc. 4 TALCAL Engineering, Inc. 5 Fleming Environmental Inc. 6 PALP, Inc. /DBA Excel Paving 7 Malibu Pacific Inc. Corrected Bid Amounts TOTAL BID AMOUNT $64,135.00 *$78,140.00 * *$91,407.00 ** *$96,810.00 $100,275.00 $129,730.00 $138,840.00 *$78,154.45 * *$91,048.11 ** *$97,810.00 cq,,2,1VI • Playground Resilient Surtacefovation— Award of Contract No. 4228 November 10. 2009 Page: 2 �.. i au4 Ll ii�:'I • The low total bid amount is 53 percent below the Engineers Estimate of $140,000.00. The difference between the low total bid amount and the Engineers Estimate is attributed to the favorable bidding climate and the uniqueness of the work involved. This type of work has only been bid once before by the City as new construction and a past history of unit prices for the other contract work was not available. The estimated unit prices were based on information supplied by contractors in related fields and the one previously bid project. The low bidder, R.E. Shultz Construction, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for the City and other municipalities. This contract consists of removing and disposing of existing improvements, grading, constructing PCC base and flexible play surfaces, repairing and overlaying worn inflexible play surfaces with new flexible play surface material and performing all related work as required to complete the work in place. Due to the very favorable bid pricing and the available grant fund balance, staff is requesting the City Council to approve a $17,365 (27 %) contingency amount equaling the maximum change order amount permitted under CDBG -R program rules for additional ADA related work that can be addressed as part of the contract. R.E. Shultz will have 45 consecutive working days to complete the work per Contract Specifications. Environmental Review: • The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Implementing Guidelines. This exemption covers the maintenance and repair or existing facilities involving negligible or no expansion of existing facilities. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected businesses and residents surrounding the work sites will be notified by the Contractor prior to the start of the project. Geotechnical and Material Testinq Services: Geotechnical, material testing, and survey services are not anticipated for this project. • r �J 0 0 Playground Resilient Surface Renovation —Award of Contract No. 4228 November 10, 2009 Page: 3 Funding Availability: There are sufficient funds available in the following account for the project: Account Description ADA Playground Resurfacing & Accessibility Improvements Proposed uses are as follows: Vendor R.E. Shultz Construction R.E. Shultz Construction Prepared by: •Steph n Luy Associate Civil Engineer Attachment: Project Location Map U Account Number 7161- C4002008 Total: Purpose Construction Contract Construction Contingency Total: Submitted by: Amount $ 81,500.00 $ 81,500.00 Amount $ 64,135.00 $ 17,365.00 $ 81,500.00 e 0 I LOCATION 1 CLIFF DRIVE PARK I ayo�4} I LOCATION 3 GRANT WNAD PARKCDMMUNTTYYWM CENTER C 0 LOCATION 2 BOB HENRY PARK I LOCATION MAPS NOT TO scab: PLAYGROUND. RESILIENT SURFACE RENOVATION C -4228 MAININ® Na EXHIBIT A