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C-4232 - Energy Efficient Streetlight Improvement Project (FY 09-10)
10, � �0 U June 13, 2012 CITY OF NEWPORT BEACH Ms. Debra McCarthy Macadee Electrical Construction 4755 Lanier Road Chino, CA 91710 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: Energy Efficient Streetlight Improvement Project - C-4232. Dear Ms. McCarthy: On June 14, 2011, 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 June 23, 2011. Reference No. 2011000305677. The Surety for the contract is Great American Safety Insurance Company and the bond number is CA3060325. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www. city. newport-beach.ca.us contract Executed in Four Counterparts CITY OF NEWPORT BEACH P subject isfortmentbaset�uandis subject to adjustment based on PUBLIC WORKS DEPARTMENT final contract price ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 BOND NO. CA3060325 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,156__.00 being at the rate of $ 7.60 ler thousand of the Contract price. for first $500,000; 6.00 per thousand for remam er WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Macadee Electrical Construction, hereinafter designated as the "Principal", a contract for construction of ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4232 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. 4232 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Great American Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Twenty -Five Thousand, Nine Hundred Twenty -Eight and 001100 Dollars ($725,928.00) 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. 45 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 2nd day of June , 2010. Macadee Electrical Construction (Principal) Great American Insurance Company Name of Surety 750 The Cite Drive So. #300 Orange, CA 92868 Address of Surety (714) 740-2400 Telephone ecretary A rizZtS; e/Title 1--) y Authorized Agent Signature Pamela McCarthy, Attorney -in -Fact Print Narne and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNI LEDGEMENT State of California \ /) ss. County of San Bernardino On June 2, 2010 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG P COMM. ## 1806614 Z NOTARY PUBLIC - CALIFORNIAK ' SAN BERNARDINO COUNTY My Corrim. Expires July 15, 2;12 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign u e of Notary Vic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 * FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014627 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JAY P. FREEMAN PAMELA McCARTHY SUSAN C. MONTEON CYNTHIA J. YOUNG Address ALL OF SAN BERNARDINO, CALIFORNIA Limit of Power ALL $75,000,000.00 This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18'h day of, FEBRUARY 2010. °ti ttest GREAT AMERICAN INSURANCE COMPANY 7, Assistant Secrelary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this 18a' day of FEBRUARY , 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. ""` • KAREN L. GROSHEIM NOTARY PUBLIC, STATE OF OHIO •.O MY COMMISSION EXPIRES 02-20-11 o� This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Dtvisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or sure tyshto or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this p;), day of, p�y 11 F fF� ...._,,,,. Assistant Secretar.v S1029Y (10/08) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On Ywir, J ?610 before me, A. Johnson, NOTARY PUBLIC Dale Here Insert Name and Title of the Officer personally appeared _ Kevin McCarthy Names) of Signers) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(] whose name,(s/) is/afq subscribed to the within instrument and acknowledged to me that he/�hA/,tlr*j executed the same in his/1 of/ppi authorized capacityVep), and that by hisft)i heir signature() on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true -and correct. WITNESS my hand a d official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document - Title or Type of Document: /—p t?'V / rYr�Drmoye A n�y Document Date:. h� �. � 0� Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin McCarthy Individual Corporate X Corporate Officer — Title(s): Secretary Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is RepresentingMacadee El-actrical—Cotstructi4n_ Signer's Name: Individual Corporate Officer — Title(s): Partner — C.i Limited General -i Attorney in Fact _. I Trustee Top of Thumb here Guardian or Conservator :! Other: Signer Is Representing: ___. _ _.- .--.: z �: C.?'<,':;.<'.Z�`.'<r �r...,<:(;r--r rc.'1:r.7,?•<,?'.,r- t r.{.1;!�w•I;L::;Z1Z;Z`id:Z,r;,jr;..;?.L L - - ?.. <.�.!X 2007 Na one, Notary Association 9350 De Solo Ave., PO Box 2402 Chatsworth CA 91313-2402 - www NatlonalNolaryorg Ilem 45907 Reorder: Call Tol -Ree 1-800 8.6-6827 August 1, 2011 CITY OF NEWPORT BEACH Ms. Debra McCarthy Macadee Electrical Construction 4755 Lanier Road Chino, CA 91710 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: Energy Efficient Streetlight Improvement Project (C-4232) Dear Ms. McCarthy: On June 14, 2011, 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 June 23, 2011, Reference No. 2011000305677. The Surety for the bond is Great American Safety Insurance Company and the bond number is CA3060325. Enclosed is the Labor & Materials Payment Bond. Sincerely, g&�� '�- �"� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 BOND NO. CA3060325 Premium included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Macadee Electrical Construction, hereinafter designated as the "Principal," a contract for construction of ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4232 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. 4232 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, Great American Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Twenty -Five Thousand, Nine Hundred Twenty -Eight and 001100 Dollars ($725,928.00) 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. 43 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 2nd day of June 2010, Macadee Electrical Construction (Principal) Great American Insurance Company Name of Surety 750 The City Drive So. #300 Orange, CA 92868 Address of Surety (714) 740-2400 Telephone cretary A ed ignat refTitle Authorized Agent Signature Pamela McCarthy, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 44 CALIFORNIA ALL-PURPOSE ACKN( 'LE "'MENT State of California \ /) ss. County of San Bernardino On June 2, 2010 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy Name(s) of Signer(s) WITNESS my hand and official Seal.' Sig t re of Notary 09blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: who proved to me on the basis of satisfactory evidence CYNTHIAJ. YOUNG to be the person whose name is subscribed to the ' Comm. # 1806614 z within instrument and acknowledged to me that she =' NOTARY PU13LIC - CALIFORNIA executed the same in her authorized capacity, SAN BERNARGINOCOUNTY ""'' 15, 2012 and that by her signature on the instrument the My Comm. Expires July person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Seal.' Sig t re of Notary 09blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014627 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JAY P. FREEMAN PAMELA McCARTHY SUSAN C. MONTEON CYNTHIA J. YOUNG Address ALL OF SAN BERNARDINO, CALIFORNIA Limit of Power ALL $75,000,000.00 This Power of Attorney revokes all previous powers issued in behalf of the attorneys}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereurto affixed this 18a' day of, FEBRUARY , 2010. �`pq INSUggh�, /ci�ttest s Assi.stmn Secretary STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY Divisional Senior Vice President DAVID C. KITCHIN (513-412-4602) On this 181e day of FEBRUARY 1 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. " KAREN L. GROSHEN NOTARY PUBLIC, STATE OF OHIO •;�,� MY COMMISSION EXPIRES 02-20-11 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1. 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed byfacsimile to any power of attorney or certi�cale of either given for the execution of any bond, undertaking, contract or suretyship or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this WF: S1029Y (10/08) day of, I -A 6� Assi.staw Secretan CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On Ur1G 3 -1-0/0 before me, A. Johnson, NOTARY PUBLIC Date Here Insert Name and Title of the Otticer personally appeared Kevin McCarthy Name(s) of Signer(s) A. JOHNSON Commission # 1811232 <' `p Notary Public - California = San Bernardino County My Comm, Expires Aug26, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(o whose namej( is/a/q subscribed to the within instrument and acknowledged to me that heh�hAljf j executed the same in his/I pj/)her authorized capacity(lep), and that by his/i 01/�h#j signature() on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Ind official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document - Title or Type of Document: La irr and M 't �iwrA PA Document Date: u/,r �� c� Q%� Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin McCarthy Individual Corporate X Corporate Officer — Title(s): Secretary__ Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is RepresentingMaCadee Electrical ConstrUCtinn RINT OF SIGNER Top of thumb here Signer's Name Individual Corporate Officer — Title(s): Partner — [_ Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ___ PJGHTTHUMBPRKr OF SIGNER _12007 fltil onal Notary Association - 9350 De Solo Ave., PO. Box 2402 Chatsworth CA 91313-2402- www.PlationaiNolaryorg `Item 95907 q order Call Toll Free 1 9013 8766827 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Macadee Electrical Construction, Chino, California, as Contractor, entered into a Contract on May 25, 2010. Said Contract set forth certain improvements, as follows: Energy Efficient Streetlight Improvement Project - C-4232 Work on said Contract was completed, and was found to be acceptable on June 14, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. NdH,rs' Director Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V (��1�/ �5� 40 , at Newport Beach, California. BY �Pj- R� P 601p-� City Clerk r ��12 IV ! f`• RECEIVED r� "ecorded in Official Records, Orange County W EON RECORDEED RPkQ_MYI16R 37 'N,11111!1li1111I li11111111111111111111111111111111111111ill11L111111 NO FEE OFFICE OF 2011000305677 10:37 am 06/23/11 City Clerk THE CITY CLERK 193 408 N12 1 City of Newport Beafy OF N'FY,,',TRT BEACON o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Macadee Electrical Construction, Chino, California, as Contractor, entered into a Contract on May 25, 2010. Said Contract set forth certain improvements, as follows: Energy Efficient Streetlight Improvement Project — C-4232 Work on said Contract was completed, and was found to be acceptable on June 14, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. VVdFk's Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. k'j� Executed on V (��Ii/ I at Newport Beach, California. BY 4jy� P 60K___/ City Clerk 10� C, 17 �.�}I�NIP c,� June 15, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC RE: Notice of Completions for the following projects: • Corporation Yard Fleet Shop CNG Modification Porject — C-4315 • Energy Efficient Streetlight Improvement Project — C-4232 Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincer y, uVVW Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www. city. newport-beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Macadee Electrical Construction, Chino, California, as Contractor, entered into a Contract on May 25, 2010. Said Contract set forth certain improvements, as follows: Energy Efficient Streetlight Improvement Project — C-4232 Work on said Contract was completed, and was found to be acceptable on June 14, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. Ndfics' Director Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �`j Executed on V uof/ 15) IWA , at Newport Beach, California. BY �Pjam� P. 60� City Clerk ORNli'• CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 13th day of May, 2010, at which time such bids shall be opened and read for ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT Title of Project Federal Award Number: DE- SC0001808 American Recovery and Reinvestment Act (ARRA) Contract No. 4232 $1,089,955 Engineer's Estimate lien G. Badum Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project. "A "or "C -10" For further information, call Iris Lee, Project Manager at(949)644-3323 Bid Information is Available on the City Website: http: / /www. N ewportBeachCA.00v CLICK: Online Services l Bidding & Bid Results 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 TABLE OF CONTENTS NOTICE INVITING BIDS ....................................... ............................... ..........................Cover INSTRUCTIONS TO BIDDERS ............................................................. ............................... 3 BIDDER'S BOND .................................................................................... ............................... 5 DESIGNATION OF SUBCONTRACTOR( S) ........................................... ............................... 6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ................... ............................... 7 PUBLICCONTRACT CODE ................................................................... ............................... 8 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............. ............................... 8 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......... ............................... 8 PUBLIC CONTRACT CODE 10232 STATEMENT .................................. ............................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .................. ............................... 10 NON - COLLUSION AFFIDAVIT ............................................................. ............................... 14 DESIGNATION OF SURETIES ............................................................ ............................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ......... 16 ACKNOWLEDGEMENT OF ADDENDA ............................................... ............................... 18 INFORMATON REQUIRED OF BIDDER .............................................. ............................... 19 DEBARMENT AND SUSPENSION CERTIFICATION ........................... ............................... 22 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS ............................... 23 DISCLOSURE OF LOBBYING ACTIVITIES ......................................... ............................... 24 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES ........................................ ............................... 25 LOCAL AGENCY BIDDER - UDBE COMMITMENT (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(1) ......................... ............................... 26 INSTRUCTIONS - LOCAL AGENCY BIDDER- UDBE COMMITMENT (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(1) ........................ ............................... 27 UDBE INFORMATION - GOOD FAITH EFFORTS, EXHIBIT 15- H ...... ............................... 28 LOCAL AGENCY BIDDER - DBE INFORMATION (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(2) ......................... ............................... 31 INSTRUCTIONS - LOCAL AGENCY BIDDER - DBE INFORMATION (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(2) ........................ ............................... 32 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ........ ............................... 33 SECTION2 -1.01 GENERAL .............................................................. ............................... 33 SECTION 2 -1.015 FEDERAL LOBBYING RESTRICTIONS ................ ............................... 33 SECTION 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE) ............................ 34 FEDERAL MINIMUM WAGE RATES .................................................... ............................... 37 NOTICE TO SUCCESSFUL BIDDER .................................................. ............................... 38 CONTRACT......................................................................................... ............................... 39 LABOR AND MATERIALS BOND ......................................................... ............................... 45 FAITHFUL PERFORMANCE BOND ..................................................... ............................... 47 FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCITON PROJECTS... ........ _ 49 PROPOSAL...................................................................................... ............................... PR -1 SPECIAL PROVISIONS .................................................................... ............................... SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO, 4232 INSTRUCTIONS TO BIDDERS 1, The following documents shall be completed, executed and received by the City Clerk In accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND, The title of the project and the words "Seated Bid`" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6, Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 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. 3 8. In accordance with the California Labor Code (Sections 1770 of seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code - including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive), A copy of the prevailing wage rates shall be posted by the Contractor at the job site. Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: !A!p-:ll—wmt.gpq-qo-vL4a-,vtLskqp-oti/�,ht_m I 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et serf, of the Public Contracts Code, '*Subletting and Subcontracting Fair Practices Act", 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 583125 - C-10 Contractor's License No. & Classification Macadee Electrical Construction, Inc. May 12, 2010 Date 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEM ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT !�P,t!jLRkqj §!gDEXS BOND my our VU S 0� FQ; .1, VW f%g Ten percent of amount bid .......... ............. ........................ ...................................................... CN. 10% ........................ bc." jo,,--Jid e to 0 f,%"I.y of Nt.:- t i ENERGY FFFICIENT s,rRE'ETLIGHT IMPROVE MENT PROJECT, Cofiiract No, 4232 hw d Ig "p%•ri w` d'a o4 q Awan,'J:', twid v(,."id. not exor� '13urbty Trt."n'l Wi under llhi,%� that a-- .; of 1 , �ev 7th n---�y cff May ............... 2010, Macadee Electrical Construction .................. .................................. Great American Insurance Company .s3 . . .... .... . ...... * ... .... * .. ..... 750 The City Drive South #300, Orange, CA 92868 .................. ............ ........ A 714-740-2400 ................. I .............. Pamela McCarthy, Attorney -in -Fact (Notary acknowlesd9mont of Principal & Vit. rety 3jjwst il)o jtt�,:j . . cjjo3j) 5 etary CALIFORNIA ALL-PURPOSE ACKF 'VLEDGEMENT State of California \ /) ss. County of San Bernardino On May 7, 2010 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she CYNTHIAJ.YOUNG executed the same in her authorized capacity, COMM. # 1806614 z and that by her signature on the instrument the Z NOTARY PUBLIC - CALIFORNIAN SAN BERNARDINO COUNTY person, or the entity upon behalf of which the person My Comm. Expires,luly 15, 2012 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signaof Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014627 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA CYNTHIA J. YOUNG This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18'° day of, FEBRUARY , 2010. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-412-4602) On this 181° day of FEBRUARY , 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 7Z day of, �C� 2010 51029Y (10/08) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On M -4y /a, allobefore me, A. Johnson, NOTARY PUBLIC Date Here Insert Name and Title of the Offices personally appeared Kevin McCarthy A.JOHNSON Commission # 1811232 •► Notary Public - California San Bernardino County My Comm. Expires Aug 26, 2012 who proved to me on the basis of satisfactory evidence to be the person() whose namej's� is/alq subscribed to the within instrument and acknowledged to me that he/ok/A*j executed the same in his/1 e//P/eV authorized capacityVes), and that by his/fpf/Ppij signature() on the instrument the person(j), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an (ficial seal. Signature - 0, — Place Notary Seal Above n ure 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: i(jy-��'1F�S J Document Date: �� 1 Dy _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin McCarthy Signer's Name:,____ Individual Corporate Individual X Corporate Officer — Title(s): Secretary Corporate Officer — Title(s): Partner — Limited General Partner — Limited Limited General Attorney in Fact • Attorney in Fact • ;.q-; :r�.., .� ,_�„ Trustee Trustee Top of thumb here Guardian or Conservator I Guardian or Conservator Other: Other: Signer is Representinpacadee Signer Is Representing: electrical Construction _ 2007 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 91:313-2402 • ~.NalionalNolaryorg Item 05907 Reorder. Call Toll -Free 1-800-876 6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHTIMPROVEMENTPROJECT CONTRACT NO. 4232 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Wgrks Construction, as applicable. Pursuant to Public Contract Qcede 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 esi—cri of WorkTotal Number Bid Name: ------- . . . . ..................... Address: I I LA e) C b 14. O'gic Phone: 0 ol) 2-7 - q,5? Stato License Number: Wime" Address: Phone. State License Number-, Name: Address. Phone: . . . . ........ . ........... .. ........ . . ....... . Macadee Electrical Construction, Inc. 11 - " , Corporate Secretary �Signa Bidder JA orized tureffitle 6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Macadee Electrical Construction, Inc. proposed subcontractor(s) hereby certifies that he has x , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C BY: Date: 7/26/10 Name: John ccarth Title: President c BY: Date: 7/26/10 Name: Debr4 McCarthy Title: Vice Pr sident & Treasurer BY: Date: 7/26/10 Name: t< Title' rporate Secretary PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has not xbeen convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. By: —Z Name: e in c art Title: rporate Secretary Date: 7/26/10 Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. By: Date: 7/26/10 Name: K in ccart Title: r orate Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 423.2 TECHNICAL ABILITY AND EXPERIENCE. REFERENCES Contractor must use this formM Please print or type Bidders Name Macadee Electrical Construction, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMA'T'ION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked.on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 8 School Pedestrian Actuated Traffic Signals and Two Traffic Signals Project Name/Number Modifications - Project No. 7113 Project Description Installation of Traffic. Signals and Modifications Approximate Construction Dates: Frorn January4, 2010 To: Present Agency Name City of Garden Grove Contact Person Tony Aquino Telephone (714) 741-5193 Original Contract Amount $926.919.00 Final Contract Arriourii If final amount is different from original, Please explain (change orders, extra work, etc.) Still working on the job 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 10 No: 2 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Prajdct Name/Number Street and First Street - CC -1324 Project Description Installation of Street Lighting —._ Approximate Construction Dates: From February 2010 To, March 2010 Agency Name City of Huntington Beach Contact Person Donn Strook ^_ Telephone (714) 536-5431 Original Contract Amount � 25,76900 ,Final Contract ,Amount $.,._25,769.00 if final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file: any claims against you/Co ntractor? if yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Corona Del Mar Street Light Improvement Project - Contract No. 4090 Project Description Installation of Street Lights Approximate Construction Dates: From November 2009 To: January 201.0 Agency Name City of Newport Beach Contact. Person Iris Lee Telephone (949) 644-3311 Original Contract Amount $165,669.00 Final Contract Amount 165,669.00. If final amount is different from original, please explain (change orders, extra work, etc.) No 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 11 T.S. Modifications for Riverside Drive and Yorba Avenue; Riverside Drive at 4 3rd Street Riverside Dr at Benson Ave; Riverside Drive at Oaks Avenue; and Project Name/Number New BBS - No Proiect Number Project Description Installation of Traffic Signals and Modifications Approximate Construction gates: From July 2009 To: August 2008 Chino Agency Name City of Chi Contact Person Naghmeh Imani _ Telephone (g09) 591-9824 Original Contract Amount $390,00Q Final Contract Amount $ 390 000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file arty claims against the Agency? (did the Agency fila any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. No, 55 IISNS Replacement Project - No Project Number Project Name/Number Project Description Installation of Signs Approximate Construction Dates: From December2009 To: February 2010 Agency Name City of Walnut Contact Berson Jason Welday Telephone (909 ) _594-9702, Original Contract Amount $ 27,120.00 Final Contract. Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and. indicate Outcome of claims. 12 No. 6. Project Name/Number Project Description Approximate Construction Dates: From To. Agency Name Contact Person _Telephone ( ) Original Contract Amol:Int $ _ ..... _ _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 explpin and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General C-pnstructian 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. appraisai`of the CoVordize rrent financial conditions. Macadee Electrical Construction, Inc. / Corporate Secretary Bidder gnatureMtfe 13 Macadee Electrical Construction Inc. Construction Experience John McCarthy — C-10 License in California and Holds Electrical License in Nevada. Thirty Seven Years Experience in Electrical Construction. Kevin McCarthy — Electrician Certificate in the State of California. Six years Experience in Field Work and Six Years in Management. Miguel Zuniga — Electrician Certificate in the State of California. Ten Years Experience in Field Work and Four Years Experience as a Superintendent CiTY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO, 4232 NON -COLLUSION AFFIDAVIT State of California } ss. County of San Bernardino) Kevin McCarthy being first duly sworn, deposes and says that he or she is Corporate Secreta„� of Macadee Electrical Construction, Ino the party making the foregoing bid, that the bid is riot 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 ether 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 share 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 rather 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 hear 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, laid depository, or to any member or agent there -of to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Stat f California that the foregoing is true and correct. Macadee Electrical Construction, Inc. /Corporate Secretary Bidder A prized Sigrtature/Title Subscribed and sworn to (or affirmed) before rare on this 12th day of May 2010 by _ Kev_in Mccarthy personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A. JOHNSON A Commission # 1611232 Notary Public Notary Public - California San Bernardino County [SE�Lj My Comm. ExCires Aug28, 2012 My Commission Expires; Au ust 26, 2012 CITY OF NEWPORT BEACH 14 PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 DESIGNATION OF SURETIES Bidders name Macadee Electrical Construction, Inc. Provide the nerves, addresses, and phone numbers for all brokers and sureties from wham Bidder intends to procure insurance and bonds (list by insurance /bond type=): _AllienLlDriver Commerciel,Group........ .... 3270 Inland Empire Blvd, Suite 100 Ontario, CA 91764 Pam McCarthy - 909-474-8802 - Bonds Kennail Good - 909-886-9861 - Insurance 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Macadee Electrical Construction, Inc. Record Five (5) Full Years Current Year of Record Current Record I Record I Record I Record [ Record I 16 Year of i for for for for I for Record 2009 2008 2007 2006 2005 Total 4o. of contracts 10 21 27 20 22 25 125 otal dollar . .. . . ..... \n1ount of 1.5 2.2 3.7 i 3.8 3.1 4.4 :ontrzqcts in Million 1 Million Million Million 18.70 I Million Million 11housands Million 4o. of fatalitiesi 0 0 0 0 0 0 0 ............... ...... . 40. of lost . ...... ............ . .......... ................ ..... ..... ... ......... 'Vorkday Cases 0 i 0 0 0 0 0 0 40, of lost . . ....... .... vorkday cases nVolving 0 0 0 0 0 0 0 )ermanent r,ansfer to inother job or ernnination of 0 'r�np'l yment . ....... . .. .......... . ................... he information required for these ............ . . item -'s-, same A as Columns 3 to 6, Code 10, ccupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102, 16 Legal Business Name of Bidder Macadee Electrical Construction, Inc. Business Address: 4755 Lanier Road, Chino, CA 91710 Business Tel. No.: X909) 627 1336 State Contractor's License No. and 583125 Classification: c -lo Title Corporate Secretary The above, information was compiled from- the records —ttiat—tare ""-available-to -,–m-e 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. 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 4)Ah 13ftmArd+ho On MAV 12, :ZVI before me, a-• 10 bf,sok, , I ate Here Insert Name and Title of the Officer personally appeared 6 h in M G A. JOHNSON Commission #E 1811232 .-d Notary Public - California _ ' San Bernardino County My Comm. Expires Aug26, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (A - Qo!�ky,�� ignalure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: •J' la r Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .• of thumb here [9 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �r�n�4�';�4�'��'�,Sti� i- �5�.5-c�.c�c',e�X� ��,c,<•. ,: _. <. '_4�':��5'r�'���:tY �:5����.t �4'r State of California County of San Bernardino On Mui �a, a� �� before me, A. Johnson, NOTARY PUBLIC Dale Here Insert Name and Title of the Officer personally appeared Kevin McCarthy Name(s) of Signer(s) �A JOHNSON Commission #E 1811232 . •+: Notary Public - California San Bernardino County My Comm. Expires Aug26, 2912 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose namejsr is/a/g'subscribed to the within instrument and acknowledged to me that he/§h�/J( b7 i executed the same in his/1 qj/PpV authorized capacityVep), and that by his/lpr/Ppir signature(j) on the instrument the person(j), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 - Q,% ., -., iynalure 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 rr Title or Type of Document: ClG4-y 01► NCe�D� �' BCA Ji W►� Document Date: MOV (.., r o1G) Number of Pages IF Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin McCarthy Individual Corporate Corporate Officer — Title(s): Secretary Partner — Limited -- General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representingoacadee -Electrical Construction 1 11111JIMPHINI OF SIGNER Signer's Individual Corporate Officer—Title(s): Partner— Limited General Attorney in Fact • Trustee TL) of thumb hcru Guardian or Conservator Other: Signer is Representing: _ _-r.,-i-._Z'.<;� ,z.:�;., z�:.Zr �'�..'`<CL.�"r'.�;�is�z;tv:Z,�,c;C<:Z`+.:'=<;Z'i,;'�7:7:.v�,'=Z.r:.-r,4�_[��;?,?'<;-':'.�C ;C,Y(Z_.., --';? �Y`,�;Z`•�7 ; 'J�:;7`�: `r'.L?_;:. ',2007 National Notary Association • 9350 De Soto Ave.. P.O Box 2402 • Chatsworth. CA 91313-2402 • www.NationalNotary.org Item 45907 Reorder: Call Toll -Free 1 800-876-6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 ACKNOWLEDGEMENT OF ADDENDA Bidders name Macadee Electrical Construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: ff.] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO.4232 Bidder certifies under penalty of perjury Linder the laws of the State: of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Macadee,Electrical Construction, Inc. Business Address: 4755 Lanier Road, Chino, CA 91710 Telephone and Fax Number:_@q9L27-1336 - (909) 627-3772 FAX California State Contractor's License No. and Class: 583125 - C-10 (REQUIRED AT TIME OF AWARD) Original Date lssued:December 28,1989 Expiration late: December 31 x 2011 ..........._.._ . , _, � , w 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: Kevin McCarthy - Corporate Secretary The following ars; 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 John McCarthy President Debra McCarthy Vice President Address 4755 Lanier Road, Chino, CA 91710 4755 Lanier Road, Chino, CA 91710 Telephone (909) 627-1336 (909) 627-1336 Kevin McCarthy Corporate Secretary 4755 Lanier Road, Chino, CA 91710 (909) 627-1336 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: No All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: No 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, N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individA4or labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / UO Are any claims or actions unresolved or outstanding? Yes /e NE If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Macadee Electrical Construction, Inc. John McCarthy (Print name of Owner or President of Corporation/Company) 4e.— /President '0rizASig is urerritle President Tina � Mgy 12 �20110 Date Subscribed and sworn to (or affirmed) before me on this 12th —day of . ....... May M by John McCarthy , personally known to me or Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, [SEAL) A.JOHNSON aM Commission # 1811232 Notary Public - CaliforniaSan Bernardino County y Comm. 26.-201J2 Notary y 4PU b�li qc a MY Commission Expires: August 26, 2012 21 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 4 By: Date: 7/26/10 Name:in McCart y Title: orporate secretary Exceptions: 22 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $90,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all tower tier subcontracts, which exceed $100,000 and that all such subreciplents shall certify and disclose accordingly. 23 DISCLOSURE OF LOBBYING ACTIVITIES 1. Type of Federal 2. Status of Federal 3. Report Type: Action: Action: a. contract 7A a. bid /oNedannllcation a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. ban guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. if Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime F1 Subawardes Tier _ , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: I 10. a. Name and Address of Lobby Entity (if individual, lest name, first name, MI) Congressional District, if known 7. Federal Program NamelDescription: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual ❑ planned a. retainer b. one -time fee 12. Form of Payment (check all that apply): c. commission Ba. cash d. contingent fee b. in -kind; specify: nature a deferred value I. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employes(s), or member(s) contacted, for Payment indicated in Rem 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of Signature: lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is Print Name: evin McCartl required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and vrill be Corp to Secretary available for public inspection. Any person who fails to Title: file the required disclosure shall be subject to a civil penalty of not lass than $10,000 and not more than Telephone No.: (909) 627 -1336 Date: 7/26/10 $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form - LLL * ** MACADEE HAS NEVER DONE ANY LOBBYING 24 R 0 • • .,. y i !" t. 0 0*ENt %R LOCAL AGENCY BIDDER — UDBE COMMITMENT (CONSTRUCTION CONTRACTS) EXHIBIT 15-G(1) PLEASE y: City oi Newport BeOvh- LoCA-rmw various 'T DESCFJPTtON: Enemy Effiaent 3treetLight Improvement Project CONTRACT AMOUNT: s 725,928.00 rr. MaY13,2010 OF XR`S NAME: Macadee Electrical Construction, Inc. 4TRACT UWE GOAL; 00% Per Iris Lee ....... . ... 3TRAC?�WORK ANDDESCRWTION Cot, N- 01VORE NAMEOF UM u FA pq---NR - ---- XSERVIMTODE ANO EXPtRAMN MwbcMUfWdM the dAkInds UDRE ;UBCONTItACM OR MATERIALS DATF im opened! • inokWe UVRE 7 8,10,11, Peres & 99 Rose SuPP1Y Company 1%nt tam 20 -4 4A 4r MI4 :1 97 Woodland Parkway Local Agency to Complete: Agony CQAWA NUA*W V1 AM PMjW NLo"ber. PlShwr. AwWdVaC cenifics ow 211 won1latift is compkit and Wmraw Tows C14imw partkipedun 0 961 ra;w-- il�= - 113110 (909) 627-1336 kgmy Repraw"five 1 % Date :Qft) Tcko ft Kevin McCarthy caltraus Review: j Pon= to ContRai (PAW" Type or R. W INSTRUCTIONS — LOCAL AGENCY BIDDER — UDBE COMMITMENT (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(9) PLEASE NOTE: It is the bidder's responsibility to verify that the UDBE(s) falls Into one of the following groups in order to count towards the UDBE contract goal: t) Black American; 2) Asian Pacific American; 3) Native American; 4) Women. This information may be submitted with your bid proposal. if it is not, and you are the apparent low bidder or the second or third low bidder, It must submitted and received as specified In the Special Provisions. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive. UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian - Pacific American 3. Nation American 4. Women The form requires specific information regarding the construction contract. Agency, Location. Project DeswiptIOM Federal Aid Project Number (assigned by Cattrons -Local Assistance), Total Contract Amount, Bid Date, Bidder's Name, and Contract Goal, The form has a column for the Contract Item Number (or Item No's) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by UDSEs. The UDBE should provide a certification number to the Contractor and expiration date. The form has a column for the Names of UDBE ,contractors to perform the work (who must be certified on the date bids are opened and Include the UDBE address and phone number). Enter the UDBE primes and subcontractors' certification numbers. Prime contractors shall indicate all work to be performed by U013Es including, if the prime is a UDBE, work performed by its own forces. IMPORTANT: Identify all UDBE firms being participating in the project regardless of tier. Names of the First Tier UDBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and Items of work In the "List of Subcontractors* submitted with your bid. Provide copies of the UDBEV quotes, and if applicable, a copy of joint venture agreements pursuant to the Subcontractors Listing Law and the Special Provisions. There is a column for the total UDBE dollar amount. Enter the Total Claimed UDBE Participation dollars and percentage amount of items of Work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or fumishad by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See Section *Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of UDBE firms. Exhibit 15 -G (1) must be signed and dated by the person bidding. Also list a phone number In the space provided and print the name of the person to contact, Local agencies should complete the Contract Award Date and Federal Share fields and veiny that all Information Is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form within the 15-day time period may result In the de- obligatlon of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the Information has been verified. the District Local Assistance Engineer signs and dates the form. 27 UDBE INFORMATION — GOOD FAITH EFFORTS, EXHIBIT 15-4 The City of Newport Beach established an Under - utilized Disadvantaged Business Enterprise (UDBE) goal of o % for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and thin lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder — UDBE Commitment" form indicates that the bidder has met the UDBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a UDBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder — UDBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts Were made. The following items are listed in the Section entitled "Submission of UDBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for UDBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified UDBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the UDBFs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc): ]Names of gate of Follow Up UDBEs Initial Methods and Solicited Solicitation Dates Sheryl Rose May 4, 2010 Telephone Fax 197 Woodland Parkway #104 -110 Email San Marcos, CA 92069 - C. The items of work which the bidder made available to UDBE firms, including, where appropriate, any. breaking down of the contract work items (including those items normally performed by the bidder with its own forms) into economically feasible units to facilitate UDBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate UDBE participation was made available to UDBE firms. 28 D. The names, addresses and phone numbers of rejected UDBE firms, the reasons for the bidder's rejection of the UDBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each UDBE if the selected firm is not a UDBE: Names, addresses and phone numbers of rejected UDBEs and the reasons for the bidder's rejection of the UDBEs: NIA E. Efforts made to assist interested UDM its obtaining bonding, lines of credit or insurruice, and any technical assistance or information related to the plans, specifications and requirements for the work • to F. Efforts made to assist interested UDBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the UDBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using UDBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): 0 Name of Method/Date Results A&cpg tWization _ _ of Contact Rose Supply Company Telephone Call Not bidding this project 197 Woodland Par way M4-1 lu an marcos, H. Any additional data to support a demonstration of good faith efforts (use additional sheets if neoessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. 30 LOCAL AGENCY BIDDER - DBE INFORMATION (CONSTRUCTION CONTRACTS) EXHIBIT 1"(2) (inclusive of all DBE's Including the UDBEs listed at bid proposal) RIrFER TO ON THE REVERSE SIDE OF y City Of Newport Beach LOCATION 1JECT DESCRIPTION! Ene y Efficient StreetlLight Improvement "AL CONTRACT AMOUNT: $ 725,928.00 DATE IEtrS NAME: Macadee Electrical Construction, Inc. T11'tACr _ FItasarrWlrki�r OF W ANA pE5CR1@'7'!ON E Cat. Nn. M MCI_ .....ERVtCO $£ D EXP'OLATIUN CM7MA'VKM S ATE Local Agency to Complete: Agasy CQntraei Numhrr: mi Aid Pfojw Nlant ; N Shut: wi Award parr. cerlift 11M dx DOE mnirwar s) bas boat vailied mWall co nPkft and aeouode, 59$haSwC ��� "� Ua1a Agawey Repraa m1w Cade) Tewpbana Number. Caltrang Review: Various 3roject _ wt E O n pi 6foda e, du x ePo"W • i K" D84 31 epffi (909) 627 -1336 Kevin McCarthy Person to Corltaci LOW Army - OR b&NzW400000V 3+" Disbibutim (1) Cory -Fax or scan a copy to tlm Calhwa Disbict Loam Assistance E (M AE) VANn 15 dxys at "disc execution, FaAn to send a copy to dna DLAE within 15 days of contract executlon may restdt in de- oblillation of hods W lift project. (2) Copy - Include in award paowV o'caltnrns Disl;iM Local Assistance (3) Original - Loran agency files INSTRUCTIONS — LOCAL AGENCY BIDDER — DBE INFORMATiON (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(2) Successful Bidder The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Total Contract Amount, Bid Date, Bidders Name, and Contract Goal. The form has a column for the Contract item Number (or Item No's) and item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs The DBE should provide a certification number to the Contractor and expiration date, The DBE contractors should notify the Contractor in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on the date bids are opened and include DBE address and phone number). Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces if a DBE. IMPORTANT: Identity all DBE firms participating in the project -- including all UDBEs listed on the UDBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work In the "List of Subcontractors" submitted with your bid. There is a column for the totai' DBE dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or fumished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit t 5 -G (2) must be signed and dated by the successful bidder. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date, Federal Share, Contract and Project Number fields, and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15-day time period may result in the de- obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. 32 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. The Bidder's Bond form mentioned in the last paragraph in Section 2 -1,07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shalt carry out applicable requirements of Title 48 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts. 2- 1.015 -- FEDERAL LOBBYING RESTRICTIONS.—Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federai -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds. other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower- -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. 33 The Contractor, subcontractors and any tower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or.that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,600 or more in the amount paid or expected to be -paid for influencing or attempting to influence. a covered Federal action; or (2) A change in the person(s) or individuals) influencing or attempting to influence a covered Federal action; or (3) A change in the office4s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2.1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE).— This project is subject to Title 49 CFR 26.13(b): The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure there Is equal participation of the DBE groups specified in 49 CFR 26.5, the City of Newport Beach specifies a goal for Underutilized Disadvantaged Business Enterprises (UDBEs). UDBE is a firm that meets the definition of DBE and is a member of one of the following groups: 1. Black Americans 2. Native Americans 3. Asian - Pacific Americans 4. Women References to DBEs include UDBEs, but references to UDBEs do not include all DBEs. Make work available to UDBEs and select work parts consistent with available UDBE subcontractors and suppliers. Meet the UDBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verify that the UDBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: http:ilwww.dot.ca-gov/hq/bepIfinCeerUfl6d.htm Only UDBE participation will count towards the UDBE goal. DBE participation will count towards the Agency's Annual Anticipated DBE Participation Level and the California statewide goal. 34 Credit for materials or supplies you purchase from UDBEs counts towards the goal in the following manner. 1. 100 percent counts 4 the materials or supplies are obtained from a UDBE manufacturer. 2. 60 percent counts if the materials or supplies are obtained from a UDBE regular dealer. 3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a UDBE that is neither a manufacturer or regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a UDBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55. UDBE Commitment Submittal Submit UDBE information on the "Local Agency Bidder -UDBE Commitment (Construction Contracts) ,4 Exhibit 15 -G(1 ), form included in the Contract documents. If the form is not submitted with the bid, remove the form from the Contract documents before submitting your bid. If the UDBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd tow bidder must complete and submit the UDBE Commitment form to the Agency. UDBE Commitment form must be received by the .City of Newport Beach no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the UDBE Commitment form unless the City of Newport Beach requests it. If the City of Newport Beach requests you to submit a UDBE Commitment form, submit . the completed form within 4 business days of the request. Submit written confirmation from each UDBE stating that it is participating in the contract. Include confirmation with the UDBE Commitment form. A copy of a UDBE's quote will serve as written confirmation that the UDBE is participating in the contract. If you do not submit the UDBE Commitment form within the specified time, the City of Newport Beach finds your bid nonresponsive. Good Faith Efforts Submittal If you have not met the UDBE goal, complete and submit the "UDBE Information - Good Faith Efforts" Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by UDBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p,m. on the 4th business day after bid opening. If your UDBE Commitment form shows that you have met the UDBE goal or if you are required to submit the UDBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the City of Newport Beach finds that the UDBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: [till t. items of work you have made available to UDBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate UDBE participation. For each item listed, show the dollar value and .percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to UDBE firms. 2. Names of certified UDBEs and dates on which they were solicited to bid on the project. include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the UDBEs were interested, and the dates of the follow -up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified UDBEs through all reasonable and available means and provide sufficient time to allow UDSEs to respond. 3. Name of selected firm and its status as a UDBE for each item of work made available. include name, address, and telephone number of each UDBE that provided a quote and their price quote. If the firm selected for the item is not a UDBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested UDBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using UDBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested UDBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation, If you have provided information, identify the name of the UDBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist Interested UDBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the UIDBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the UDBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts FEDERAL_ MINIMUM WAGE RATES Refer to the following website for the latest Federal Minimum Wage Rates: {s -'s•r- .ws...t�<ss ♦s s ,s-:s r e :.i.. '..�si;ss r rr:lf R0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 37 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 CONTRACT THIS AGREEMENT, entered into thF day ofVoInstruction, 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Macadee Electrical a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT The work necessary for the completion of this contract consists of mobilization, traffic control, distributing construction notifications, construction surveying, concrete improvements, installing, removing and relocating street lighting facilities and appurtenances, and all other items to complete work in place. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4232, 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. in C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seven Hundred Twenty-Five Thousand, Nine Hundred Twenty-Eight and 001100 Dollars ($725,928.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Iris Lee (949) 644 -3323 Macadee Electrical Construction 4755 Lanier Road Chino, CA 91710 909 - 627 -1336 909 -627 -3772 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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. iclj 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or all on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification / hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. CS 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation l/� r By: CITY CLERK Mayor APPROVED AS TO FORM: 110 vovk MACA EE ELECTRICAL CONSTRUCTION By: ette Beaucha t o porate icer) ssistan City Attorn Vy W j <u � a `� itle: Corporate Secretary Print Name- 'n t By: (Financial fi r Title: CFO Print Name: Debra McCarthy Please note: Corporations must complete and sign both places above even if each office is held by the same individual WIA Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 BOND NO. CA3060325 Premium includedin Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Macadee Electrical Construction, hereinafter designated as the "Principal," a contract for construction of ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4232 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. 4232 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, Great American Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Twenty -Five Thousand, Nine Hundred Twenty -Eight and 001700 Dollars ($725,928.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 43 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 2nd day of June , 2010. Macadee Electrical Construction (Principal) Great American Insurance Company Name of Surety 750 The City Drive So. #300 Orange, CA 92868 Address of Surety (714)740-2400 Telephone ate Secretary nature/Title Authorized Agent Signature Pamela McCarthy, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 44 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino ) On June 2, 2010 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the f within instrument and acknowledged to me that she CYNTHIA J. YOUNG executed the same in her authorized capacity, :-- COMM. # 1806614 z and that by her signature on the instrument the � NOTARY F't1st.IC - CALIFORNIAN person, or the entity upon behalf of which the person SAN BERNARDINO COUNTY acted, executed the instrument. .er.,. My Comm. Expires July 15, 2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /aAgnat of Notary PId u c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 0 FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014627 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA CYNTHIA J. YOUNG This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18" day of, FEBRUARY 2010. rF E" ttest GREAT AMERICAN INSURANCE COMPANY Assistant Secrelao Dirisiona! Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID c. KiTOHiN (5134124602) On this 18'h day of FEBRUARY 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L. GRQSHEIM NOTARY PUBLIC, STATE OF OHIO -•;�,° MY COMMISSION EXPIRES 02-20-11 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to arty power of attorney or certificate of either given for the execution of arty bond, undertaking, contract or suretyship or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of, J✓ Assistant Secretanv S1029Y (10/08) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5��4� 4Y55ti3s��{SSYSe�cS� State of California County of San Bernardino On�Gu�C 3 C20/ID Date before me, A. Johnson, NOTARY PUBLIC Here Insert Name and Title of the Officer ' personally appeared Kevin McCarthy Name(s) of Signer(s) A.JOHNSON Commission # 1811232 Notary Public • California San Bernardino County My Comm. Expires Au 26, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(o whose namej,9 is/afq subscribed to the within instrument and acknowledged to me that he/§h�/Jf bji executed the same in his/1 er/)hpV authorized capacityVep), and that by his/I,per/#heir signature() on the instrument the person(), or the entity upon behalf of which the person(7) 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 ha d official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached tDocument- Title or Type of Document: 12W ah Document Date: �► N n C 012010 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin McCarthy Individual Corporate X Corporate Officer —Title(s): Secretary__ Partner — ' Limited a General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is RepresentingMacadee _ Rl ar,t,riea_1__Cons m . ; on_ rr7Y�i'r OF SIGNER S � ar Number of Pages: Signer's Name: U Individual Corporate Officer — Title(s): i Partner — i. Limited General Attorney in Fact "Trustee Guardian or Conservator Other: Signer Is Representing M RIGHTTHUMBPRNYT OF SIGNER D2007 National Notary Association - 9350 De Solo Ave., P.O. Dox 2402 • Chatsworth, CA 91313-2402 • www NationitiNolary.org Ilem a5907 Reorder Call Toll Free 1.800 876682 i Pren ni Executed in Four Counterparts CITY OF NEWPORT BEACH subject toad] stmenbasei�uandis subject to adjustment based on PUBLIC WORKS DEPARTMENT final contract price ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 BOND NO. CA3060325 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5 156.00 being at the rate of $ 7.60 per 6.00 per thousand for remain er thousand of the Contract price. for first $500,000; WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Macadee Electrical Construction, hereinafter designated as the "Principal", a contract for construction of ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4232 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. 4232 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Great American Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Twenty -Five Thousand, Nine Hundred Twenty -Eight and 001100 Dollars ($725,928.00) 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. 45 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 2nd day of June , 2010. Macadee Electrical Construction (Principal) Great American Insurance Company Name of Surety 750 The City Drive So. #300 Orange, CA 92868 Address of Surety (714) 740-2400 Telephone Corporate Secretary A rized Sigritire/Title Authorized Agent Signature Pamela McCarthy, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On June 2, 2010 before me, Cynthia J. Younq, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG �- • COMM. # 1806614 z NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY °° My Comm. Expires July 15, 2012 AAAAAAVA-1-1-1 ------ AAAAJ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sfaturedlotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014627 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JAY P. FREEMAN PAMELA McCARTHY SUSAN C. MONTEON CYNTHIA J. YOUNG Address ALL OF SAN BERNARDINO, CALIFORNIA Limit of Power ALL $75,000,000.00 This Power of Attomey revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereurto affixed this 18'" day of, FEBRUARY 2010. a ttest GR PAT AMFRT( ATT nTcriR eT.Trr rnT,ADAwry a �� .3i Assistant Secretan- STATE OF OHIO, COUNTY OF HAMILTON - ss: Divisional Senior Vire President DAVID C. KITCHIN (513-412.4602) On this 18th day of FEBRUARY 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L. GROSHEIM NOTARY PUBLIC, STATE OF OHIO -•;�,� MY COMMISSION EXPIRES 02-20-11 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either gtven for the execution of any bond, undertaking, contract or suretyship or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 1-1-21 Rp 1M1$Uq' -.✓///111 S1029Y (10/08) day of, 0 /0 ANISt[n1t Secrcrtarr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r3San Bernardino On Jura?010 Date personally appeared before me, A. Johnson, NOTARY PUBLIC Here Insert Name and Title of the Officer Kevin McCarthy who proved to me on the basis of satisfactory evidence to be the person(o whose namejs� islaIV subscribed to the within instrument and acknowledged to me that he/§hh/jf bji executed the same in his/l e//PpV authorized capacityVeA), and that by his/f ey/their signature() on the instrument the person(j), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a official seal. Signature Place Notary Seal Above ignalure of olary 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 cument- Title or Type of Document: �t fVj Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin McCarthy Individual Corporate X Corporate Officer — Title(s): Secretary_ Partner — [ Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is RepresentingMacadee E1_ec_trica1__CoLlstrtact i cin Number of Pages: Signer's 1A Individual - ---- ---- -_-- Corporate Officer — Title(s): Partner —F i Limited General Attorney in Fact Trustee Top of lhwnt) hrre Guardian or Conservator Other: Signer Is Representing: i - _ , . -, •.,z �� �-, •:_ �;--.,<�.� ��,.: � <• `,Z..:,� -t � Z.1v-r. r'Z 4;C. -'z ,L7C..-r �:+�< C_ h . ...-,-. �., rff,atry s!ioc, dhon 5350 De Soto Ave., PO, Box 2402 Chat.,worth CA 91313 2402 • www-NationalNotaryorg Mein 45907 Reorder: Call Toll F ee 1 Soo A. JOHNSON Commission # 1811232 Notary Public - California = t San Bernardino County My Comm. Expires Aug 26, 2012 who proved to me on the basis of satisfactory evidence to be the person(o whose namejs� islaIV subscribed to the within instrument and acknowledged to me that he/§hh/jf bji executed the same in his/l e//PpV authorized capacityVeA), and that by his/f ey/their signature() on the instrument the person(j), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a official seal. Signature Place Notary Seal Above ignalure of olary 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 cument- Title or Type of Document: �t fVj Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin McCarthy Individual Corporate X Corporate Officer — Title(s): Secretary_ Partner — [ Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is RepresentingMacadee E1_ec_trica1__CoLlstrtact i cin Number of Pages: Signer's 1A Individual - ---- ---- -_-- Corporate Officer — Title(s): Partner —F i Limited General Attorney in Fact Trustee Top of lhwnt) hrre Guardian or Conservator Other: Signer Is Representing: i - _ , . -, •.,z �� �-, •:_ �;--.,<�.� ��,.: � <• `,Z..:,� -t � Z.1v-r. r'Z 4;C. -'z ,L7C..-r �:+�< C_ h . ...-,-. �., rff,atry s!ioc, dhon 5350 De Soto Ave., PO, Box 2402 Chat.,worth CA 91313 2402 • www-NationalNotaryorg Mein 45907 Reorder: Call Toll F ee 1 Soo SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GE`ERAI_ —Thc work herein proposed will be financed in whole or iii part v ith Federal fiords, and therefore all of the statutes. rales and regulations promulgated by the Federal Gov- ertmieut and applicable to work financed in whole or in part «ith Federal funds will apply to such work. The "Required Contract Provisions. Federal -Aid Construction Contracts, "Foran FH -\VA 1273. are included in this Section 14. Whenever in said requu'ed contract provisions references are made to "SIIA contracting officer", "SHA resident engineer". or "authorized representative of the SHA". such references shall be consttaed to mean "Fngincei" m defined iu Section 1-1.18 ofthe Standard Specifications. PERFORMANCE OF PRE\TOI"S CONTRACT.—hr ad- dition to the provisions in Section II. "Nondiscrimination." and Section VII. "Subletlino Or t\ssigniug the Contract." of tine re- quired contract provisions, the Contractor shall couhpiv %lith the folloul'ina: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTP-kCTS SUBJECT TO THE, EQUAL. OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of tlhe contract in excess of $10,000 will be considered wider the provisions of Section AGS of the required contract provisions unless such request is (This form need not be filled ill if all joint venture firms are minority Owlred-) accompanied by the CERTIFICATION referred to above. i executed by tine proposed subcontractor. NON -COLLUSION PROVISION.—The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as it condi- tion precedent to approval by die Federal Highway Administrator of die contract for this work dhat each bidder file a sworn statement executed by, or on behalf of, the person, fine, association, or corporation to whoni such coutract is to be awarded, eettifyuig that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated ill any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as penuitted by 28, USC. Sec. 1746. is included ill tine proposal. PARTICIPATION BY \M0RITY BUSINESS EN- TERPRISES I -N S1'BCOINTRACTnG.—Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are iucaTorated in pant or in its entirety within, other sections of these special provisions. Schedule B—Information for Determining Joint Venture Eli- gihility I . Na ne of joint venture 3. Address of joint venture 3. Phone number of jour -acnnire 4. Identify the fulls. %khlch comp, ise the joint Velitlire. (The MBE partner must complete Sclicdule .k.) the role of the AiBE fins in the joint venture. b. kscribe very briefly the experience and business of each nou-\dBE joint venturer: S. Nature of the joint venture's busnless 6. Provide a copy of the joint venture agreement. 7. \A'liat is the claimed percentage of MBE ownership? — 8. Ownership of joint venh.ue: (This need not be filled ill if described in file joint vont-ore agreement, provided by question 6.). **** MACADEE IS A CORPORATION NOT AN MBE. FR -1 47 Revised 3-95 03-07-95 a. Profit and loss sharing. b. Capital contributions, including equipment. e. Other applicable ownership interests. 9. Control of and participation hl this contract. Identify by Aare. race, sex, and "fnui' those individuals (and thein titles) who are responsible for day-to-day nlanaoeulent and policy decision-imd,ing, includule, but not limited to. those with Prime responsibility for: a. Financial decisions b. tvtanapenlent decision,, uch as: 1. Estimatiu? 2. Mlike(ine and sales 3. Hiriu¢ and firing of management personnel 4. Pill -chasing of major items or supplies C. Supervision of field operations Note.—If, after fling this Schedule B and UNeco ple- tiou of the joint ventlue's work on the contraed b this regulation, there is ally significant change ufo,.n tion submitted, the joint venture inust lllfonll the rantee. cith - di- rectly or through the prime contractor if the joint ventur is a subcontractor. kffldavit "Tile undersigned swear that the foregoing stat.enlenfs arc cor- rect and include all material ilnfonmation necessary- to identify and explain the terns and operation of out -joint ventureand the intended participation by each john venturer in file undertaking. Ftrl-ther, the undersigned covenant and agree to provide. to grultee current, complete and accurate information regarding ac- tunl joint venture work and the payment therefore and any pro- posed changes in tiny of the joint venturt aralgunrnts and to permit the audit and examination of the books, records and files of elle joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or file Federal ftnldino agency. Any material Misrepresentation will be grotuuls f01' tet7111llating any Contract which inlay be awarded and for initiating action under Federal or State laws concerning false statements." Remised 3-95 OS -07-95 .............................................................. Name of Finn Name of Finn ........................................................................................... Slgnam e signature ............................................................................... Hanle . ' iallle .................................................................. Title ................ ................... . Title ..................................................................................................... Date Date Datc Slatc of County of On this _ day of _ _ 19 , before ine appeared (Naluc) to ale personally known. tvllo_ being duly tuolu. did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of fiiul) to execute the affidavit and did so as his or her free act and deed. Notary Public C011iimisslon expires [Seall Date State of Coulrh of Oil this __ day of 19 _, before me appeared (Name) to tae personally known. who, being drily swonl, did execute the foregoing affidavit. and did state that Ile or she was properly authorized by (Marie of firul) ___ io execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seall **** MACADEE IS A CORPORATION NOT AN MBE. FR -2 REQUIRED CONTRACT PROVISIONS FED -AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page I. General ........................................ ............................... 3 H. Nondiscrimination ....................... ............................... 3 III. Nonsegregated Faci3itics ............. ............................... 5 IV. Payment of predetermined Minimum Wage .............. 6 V. Statements and payrolls .............. ............................... 8 VI. Record of Materials, Supplies, and Labor .................. 9 VII. Subletting or Assigning the Contract ......................... 9 VUL Safety: Accident Pre vention ....... ............................... 10 IX. False Statements Concerning Highway Project .......... 10 X Implementation of Clean Air Act and Federal Water PollutionControl Act ................... ............................... io XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ....................... I I X11 Certification Regarding Use of Contract Funds for Lobbying..................................... ............................... 12 ATTACHMENTS A. Employment preference for Appalachian Contracts (included in Appalachian contracts only) rWQ13t7t1 ll 1. These contract provisions shall apply to all work performed on (he contact by the contractor's own organization and with the assistance of workers trader due contractor's immediate superintendence and to all work performed tm the contract by piecework. station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions. and further re- v�tuire their inclusion in any lower tier subcontract or purchase order that may in tan be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract provisions shall be sufficient grounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2: Section N. paragraphs 1, 2. 3. 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes mising out of the labor standards provisions or Section IV (except paraggmph 5) and Section V of thew Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6. mid 7. Disputes within the meauiug of this clause include disputes hem-cm the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, die contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (cxcept for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any pwpow within the limits of the project unless it is labor perfamtcd by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or name.) I. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under Laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors projcet activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth wider 28 CFR 35 and 29 CFR 1630 arc incorporated by refarncc in this contract. in the execution of this contract. the contractor agrees to couiply with the following minim mt specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in canyiug out EEO obli- gations and in their review of bisgrer activities under the con- tract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and tAat employees are treated during employment, without regard to their nee, religion, sex, color, national origin, age or disability•. Such action shall include: employ ment, upgrading, demotion, or transfer; recruitment or recruitment ad- vertising; layoff or termriration; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preappremiceship, and /or on-the-job training." 2. EEO Officer: The contractor will designate and make Down to the SHA contracring officers an EEO Officer who will have the responsibility frn and must be capable of effectively Form 1273 — Rn-ued 3.45 03 -07-95 FR -3 I:Lei administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Polley: All members of the contractor's staff who are authorized to b rv, super�ise, promote, mid discharge employees, or who rocommend such action, or who are substantially involved in such action, will be made fully cognizant Of. and will implement, the contractoes EEO policy and contractual iespoosibilitits to provide EEO in each grade and classification of employmmmt. To u sure that the above agreement will be met, the following actions will be taken as a minimma: a, Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not Less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will he given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d, Notices and posters setting forth the contractor's EEO policy will he placed in areas readily accessible to employees, applicants for employment and potential employees- e. The contractors EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate mesas. 4, Reemitment: When advertising for employces. the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Eutployer." All such adver- tisements will be placed .in publications having a large circulation among minority groups in the area firm which the project work for= would normally be derived. a. TTre contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority applicants. To meet this requirement. the contractor will identify sources of potential nimmuty group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement pmviding for exclusive hiring hall referrals, he is expected to observe the provision of that agreement to die extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that whue implementation of such agreements has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 1;246. as amended) c. The contractor will encourage his present employees to From 1273 — Revised 3-95 0"7 -95 refer minority group applicants for employment. Information and procedures with regard to refenng minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national otigitt, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employce facilities do not iudicste discriminatory treatment of project site personnel. FR -4 b. The contractor' will periodically evnhuate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will ptom)ttly tike corrective action. If the review indicates that the diserimmatiou tray extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination matte to the contractor in connection with his oblizations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. if the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other pusom. Upon completion of each investigation, the contractor will inform every complainant of all of his avenges of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and inueashig the .skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full rise of training prograos i.e., apprenticeship. and on- the -job training programs for the ge- ographical area of contract performance. Where feasible, 25 po ceat of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is rovided under this contract. this subparamaph will be superseded as indicated in the special Provision- c. The contract=' will advise employees and applicants for employment of available training programs mid entrance rc- gnuements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If die contact" relics in whole or in part upon unions as a source of employees, the contractor will use histher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly ar through a contractors association acting as agent will include the procedures set forth below: a. The contactor will use best efforts to develop, in coop - cration with the unions, joint training programs aimed toward qualifying more minority group members and women for mctnlxrsluip in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each umien agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and worsen referrals within the time limit set forth in the collective bargaining aggrreement, the contractor will, through independent reenwtmem efforts, fill the employment vacancies without regard to race, color, r'eligctort. sex, national origin, age or disability: making full efforts to obtain qualified and +or qualifiable minority cup persons and women. (The DOL has held that it shall a no excuse that the union with which the contractor has a collective bargauniug agreennt providing for eselusive referral failed to refer minority employees.) In the event the union referral prac- tice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions. such contractor shall immediately notify the SHA. $. Selection of Sabcontracton, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on ][he grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors. including procmernent of materials and leases of equipment. a. The contactor shall notify all potential subcontractors and suppliers of his her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 (FR 26, shall have equal oppoinuuty to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contactor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with nmcaningfiml minority group and female representation unone their employees. Contractors shall obtain lists of DBE construction frrns brmn SHA personnel. c The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- pormaities for minorities and woman; (3) The progress and efforts being made in locating, trzmmg, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with anamingfal minority and female representation among their employ— b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work This informuou is to be reported on Form FHWA -1391. If on -the job training is being required by special provision, the contractor will be required to collect and report training data. III tiO \SEGREGATED FACILITIES (A licable to oil Federal-aid construction contracts and to all retafed subcontracts of SI0,000 m' more.) FR -5 a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order. as appropriate, the bidder. Federal - and construction contractor. subcontractor, material supplier, or vendor, as ate. certifies that the firm does not maintain or provide or its employees airy segregated facilities at any of its establishments, and that the fern does not perrmt its employees to perform their services at any location. under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The furn further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this eenification. the tent "segregated facilities" means any waiting rooms. work areas, restrooms and washrooms. restaurant, and other eating areas, time clocks, locker rooms. and other storage or dressing areas, parking lots, drinking fountains. recreation or entertainment areas, transportation. and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color. religion. national origin, age or disability, because of habit, local custom. or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Form 1273 — Revmsed 3-95 6&07-93 e. The contractor agrees that it has obtained or will obtain idcutical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of 410,000 or more and that it will retain such certifications in its files. R'. PAYMENT OF PREDETERMINED MBVML-:N WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collecton, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate ou any account [except such payroll deductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amomts of wages and boon fide fringe benefits (or cash equivalents thereof) due at time of payment The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section rV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all times by the court: ctor and its subcontractors at the site of the work in a prominent and accessible place where it cm be easily seen by the workers. For time purpose of this Section, contributions made or costs reasonably anticipated for borma fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics. subject to the ptnvisiocn of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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 berefits on the wage deter- mination for the classification of work actually performed. without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be conmpensated at the rate specified for each classification for the time actually worked therein. provided that the employer's payroll records accu ately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Baemm Act and related acts contained in 29 CFR L 3. and 5 are herein incorporated by reference in this contract. Form 1273 —Rmd d3 -4i 08 -07-95 FR -6 2. Classification: a. The SHA contracting officer shall require that my class of laborers or mechanics employed under the contract, which is not listed in the wane determhotioy shall be classified in eouformmce with the wax detetmivatim Ii. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry: (3) the proposed wage rate, inc any bona fide fringe benefits, hears a reasonable relationship to the wage rates contained in the wage determination; a (4) with respect to helpers when such a classification prevails in the area in which the work is performed. c. if the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or there representatives, and the contracting officer agree our the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting office to the DOL. Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative. will approve, modify, or disapprove every additional classification action within 30 clays of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. d, In the evert the contractor or subcontractors. as appro- priate. the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated fm' fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or au authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary e. The wage rate (including hinge benefits where appropriate) determined ptn atant to paragraph 2c or 2d of this Section Psi shall be paid to all wmkcn performing work in the additional classification from the frost day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minnumn wage rate prescribed in die con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or snbeontracioms_ as appropriate, shall tither pay the benefit as stated in the wage determination or shall pay another bom fide hinge benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she tiny considerasa 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 dins found, upon the written request of the contractor. that the applicable stmndards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (I) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed first his/her rst 90 days of probationary employment as an apprentice in such an apprenticeship pmgramr who is not irulividually registered in the program, but who has been certified by the an of Apprenticeship mid Training or a State apprenticeship agency (where appropriate) to be eligible for probationary cmployimnt as an apprentice. (2) The allowable ratio of apprentices to joumeymm -level employees on die job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the enure work force under the registered program Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above. shall be paid not less than the applicable wage rate listed in the wage determination for die classification of work actually performed. To addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered pmgmm shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered the ratios and wage rates (expressed in percentages of the joureyman -level hourly rate) specified in the contractor's or subcontractor's iegistered proeram shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the rettistei'ed program for die appr'entice's level of progress, expressed as a percentage of the journeyman- level hourly rate specified in the applicable wage determination. Apprentices shall be paid Singe benefits in accordance with the provisions of the apprenticeship program. If die apprenticeship program does not specify fringe benefits. apprentices must be paid the fill anoint of fringe benefits listed on the wage determination for the applicable classification. If the Adininistmtur for the Wage and Hone Division determines that a diCfercut practice prevaik for the applicable apprentice clnssifcation. fringes shall be paid in accordauce with that determination. FR -7 (4) In the event the Bureau of Apprenticeship and Traimring. or a State appreall"ship agency recognized by the Bureau, withdraws approval of an eppre¢tnceship program, the contractor or subcontractor will rro longer be permitted to utilize apprentices at pas than die applicable predetermined rate for the comparable work performed by regular employees mitil an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CPR 5. 16, trainees will not he permitted to work at less than the predetermined rate for the work performed unless they are employed purstwnt to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration (2) The ratio of trainees to joumeymm -level employees m the job site shall not be greater than permitted under the plan approved by die Employment and Training Administration Any employee listed on the pmaymll at a trainee rate who is not registered and participating m a training plan approved by the Employmeut and Training Administration shell be paid not less than the applicable wagc rate on the wage determination for the classification of wor3r 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 ou the wage determination for the work actually performed. (3? Every trainee must be paid at not less than the rate specified in the approved program for his/her level of K rroogress, expressed as a percmtagc of the journeyman -level oinly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of die trainee prograni. 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 -level wagc rate on the image determination which provides for less than full fringe benefits for apprentices. in which case such trainees shall re- ceive the same fringe benefits as apprentices. (4) In the ever. ifte Employment and Training Adminis- tration withdraws approval of a training program. the cm- tractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetennioed rate for the work performed until au acceptable program is approved. C. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the confommancc procedure set forth in Section N.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on die wage determminatim for the classification of work actually performed. From [273 — Raised 3,95 08 -07-95 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working it apprenticeship and skill troi,ino programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Fcdeal -aid hi hway construction programs arc not subject to the requirements o paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees tinder such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. b. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or eery other Federally- assisted contract subject to Dasis -Bacon prevailing wage txquurements which is held by the same prime contractor, as much of the accrued payments err advances as may be considered necessary to pay laborers and mechanics, including apprentices. trainces, and helpers, employed by the contractor or any subcontractor the fidl amount of wages required by the contract. In the event of hiluue to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed a• working M the site of the work, all or pan of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any fitrdwr payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontmcto contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including a premieres, trainees, and helpers described in paragraphs 4 and 5 above) shell require ar perrmt any laborer; .,,echamc, watchman, o guard iu any woniweek in tvhrch he /sbe is eaployed on such work, to work in excess of 40 hotter in .stitch workweek unless such laborer. mechanic, watchman, or guard receives compensation at a rate na less than one- and -one -half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor mid any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition• such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory. to such District or to such territory) for liquidated damages. Stich liquidated damages shall be computed with respect to each individual laborer, mechanic. waMunan. or guard employed in violation of the clause set forth in paragraph 7. in the stmt of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. Form 1273 — Rm d 3 95 08-07-95 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action w upon written request of any authorized represeutatiw of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contact cr any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding S 2,000 and to all related subrnntr acts, except far pmjeets located on roadways classified as local roads' Waal collectors, which arc exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which arc herein incorporated by reference. 2. Payrolls and Payroll Records: FR -8 a. Payrolls and basic records relating thereto shall be maintained by the contriew and each subcontractor during the course of the work and preserved for a period of 3 years 8•om the date of completion of the contract for all laborers, mechanics. apprenticm minces, watchmen, helpers, and guards working m the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification: hourly rates of wages paid (including rates of contributions m• costs anticipated for bona fide fringe benefits or cash equivalent thereof 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. In addition, for Appalachian contracts, tie payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Sec- tion IV. paragraph 3b. has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall mahntain records which show that the contntitment to provide Stich benefits is enforceable, that the plan or program is financially responsible, that the plan or program has beet communicated in writing to the laborers or mechanics affected. and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees tatder approved programs shall maintain written evidence of the registration of apprentices and trainees. and ratios and wage rates prescribed in the applicable programs. e. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid cash of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards eu- gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and an late] all of the information required to be main i paragraph 2b of this Section V. This information may be submittedm any faun desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 - 005 - 0014 -1), U.5. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d Fach payroll submitted shall be accompanier] by a "Statement of Compliance," signed by the contractor or sub- contractor or his/her agent who pays or snpentises the payment of the persons employed under the contract and shall certi fy the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been Linde either dim-My or indirectly from the full wages emend other than permissible deductions as set forth in the Regulations, 29 CFR 3: (3) that each laborer or mechanic has been paid not less that the applicable wage rate and friuge benefits or cash equivalent far the classification of worked performed as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requi event for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil of criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. 9uuThe earn actor or subcontractor shall make the records m- ed tinder paragraph 2b of this Section V available for inspec- tion. copying, or transcription by authorized representatives of the SHA. the FHWA. or the DOL, mud shall pernit such representatives to interviewer employees during working hours on the job. If the connector or subcontractor fails to submit the re- quired records or to make them available. the SHA. the FHGVA. the DOL. or all nay. after written notice to the contractor. sponsor. applicant. or owner, take such actions as may be nec- essmy to cause the suspension of any further payment, advance. or guarantee of hinds. Furthermore, failure to submit the required records upon request or to make such records available F3 may be grounds for debarment action pursuant to 29 CFR 5.12. VL RECORD OF MATERIALS, SUPPLIES, AND LABOR L On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts far which the total final construction cost for roadway and bridge is less than $1,000,010 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed an Form FHWA -47. and in the units shown on Form FHWA -47. c. Furnish. upon the completion of the contract, to the SHA resident engineer on Form FHWA47 together with the data required in pmagraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total ham worked and the total amount eared 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submtted. \'H. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract pace before computing the amount of work required to be performed by the connector's own organization (23 CFR 635). a. "Its awn organization' slat be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime connector. with or without operators. Such tern does not include employees or cquipmeut of a subcontractor, assignee, or agent of the prince contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on die contract as a whole and in general are to be limited to minor components of the ovemll contract. Fan1273 —Rl -iwd3.95 03 -07.95 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of maternal and manufacnued products, which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent supenntendeat or supervisor who is employed by the firm, has full authority to direct per£orvauce of the work io accordancx with the contract requirements, and is im charge of all construction operations (regardless of who perforns the woe$) and (b) such other of its men organisational resmaces (supnvision. manxggcermnent and essgineenng services) as the SHA conhmeaug officer detemnimes is necessary to assure the performance of the contract 4. No portion of the contract shall he sublet, assigned or odnerwise disposed of except with the wriden convert of the SHA contracting officer, or authorized representative, and such consent when given shall not be constnred to relieve the contractor of any revpo�uibility for the fulfillment of the contract. Written consent W.11 ix given only efier the SHA has assured that each subcontract is evidenced in writing and that it contains an pertinent provisions and requ' ats of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting office may detcrmime, to be reasonably necessary to protect the life mid health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under cousnthetion safety and health standards (29 CFR I926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours mil'Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof shall have right of entry to my site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to cant' out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROTECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors. suppliers, and w•oicers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thormehly. and honestly as possible. Willfid falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any musumdestanding re- Fora 1273 — Revised 3 -95 ex -07-95 gnrding the seriousness of these and similar act„ the following motiec shall be posted oat each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, ar arty State or Territory, or whoever, whether a person, assacialion, farm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality quasi ty, or cast of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of arts, maps, specificatlans, contracts, or costs of construction on any highway or related project submined for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, fahur repre- sentation, false report or false claim with respect to the character, taliry, quantity, or cost of any work performed or to be per - orined, or ' Is furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary ofTmnsporiation; or Whoever knowingly makes any fake statement or false repm- seutation as to material fact in any statement cart j''lcate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Smt. 355), as amended and sup- plemented,' Shall be fined not more that $10,000 or imprisoned not more than S years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $ 100.000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor. or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. Thai any facility that is or will be utilized in the perfminatce of this contract. unless such contract is exempt tinder the Clean Air Act, as amhernded (42 U.S.C. 1857 et seq., as anhended by Pub. L. 9t -604). and under the Federal Water Pollution Control Act, as amauded (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500), Executive Order 11738, and rmilations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environm etital Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requiremenis of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the fum shall promptly notify the SHA of the receipt of any communication from the Director. Office of Federal Activities. EPA, indicating that a facility that is or will be utilized FR -10 for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the regttirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and fiuther agrees to take such action as the government may direct as a menus of enforcing such re- quirements. M. CERTIFICATION REGARDING DEBARMEN-f, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions. (Applicable to all Fcdcml -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered ttansactiov. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction However, failure of the prospective primary participant to furnish a certification or an explanation shall disgtwlify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency detennined to enter into this hansaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary =rue ant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circtunstances. e. The terms "covered transaction" "debarred," "suspended." "ineligible," "lower tier coveted transaction" "participant." "person," "primary covered transaction." "principal." "proposal." and "voluntarily 'excluded_" as used in this clause. have the uteanings set out in the Definitions and Covemge sections of rules implementing Executive Omer 12549. You may contact the deparment or agency to which this proposal n submitted for assistance in obtaining a copy of those regulations. f The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly eater into any lower ticr covered transaction with a person who is debarred. suspended. declared ineligible. or voluntarily excluded from participation in this covered transaction. unless authorized by the department or agency entering into tbis trmsaction. FRA I g The prospective primary participant hi they agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, m voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the noupmcarern®t portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Program- (Nottpmcurement List) which is compiled by the General Services Administration- i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to reader in f od faith the certification required by this clause. The owled a and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded float participation in this transaction in addition to other remedies available to the Federal Govemnnent the de- partment or agency may terminate this transaction for cause or default. x + +xF Certillention Regarding Debarment, Suspension, Ineligibility and Voluntary E.clusion—Primary Covered Transactions 1. The prospective prrnary participant cenifres to the bat of its knowledge and belief, dat it and its principals: a. Are not presently debarred, suspended, proposed for debarment declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a ciszl judgment rendered against than for commission of fraud or a criminal offense in connection with obtaining- attempting to obtain- or performing a public (Federal. State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statures or commission of embezzlement theft. forgery, bribery. falsification or destruction of records, making false statements. or receiving stolen property: c. Arc not presently indicted for or otherwise criminally or civilly charged by a govermnental entity (Federal, State or local) with conatission of any of the offenses enumerated in paragraph I of this certification: and Form 1273 — Revised 3 -95 08 -07 -95 d. Have not within a 3-yam- period preceding this ap- plication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach at explanation to this proposal. &4FY+ 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, pmebase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective Iowa tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Co ffua cm, the department or agency with which this transaction ongmaled any pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant team that its certification was enormous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person" "principal.' "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tiff participant agrees by submitting this proposal that. should the proposed covered transaction be entered into, it shall not knowingly enter into any loner tiff covered transaction with a person who is debarred suspended, declared ineligible, or voluntarily cxcludcd front participation in this covered transaction, unless authorized by the department car agency with which this transaction originated f The prospective lower tier participant firther agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debatmment, Suspension. luelitribiliry and Voluntary Exchtsion- Loner Tiff Covered Transaction." withmn modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A partici art or a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred suspended. ineligible. or voluntarily excluded from the covered trunsactioo. unless it knows that the certification is erroneous. A participant may decide the method mid fiegnency by which it determines the cl- igibility of its principals. Each participant may. but is not Form 1273 — Revised 3 -95 08 -01-95 required to, check die Nonprocmemeat List. Ir. Nothing contained in the forego iug shall he construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of panu' [ is not required to exceed that which is normally possessed by a p[trdeot person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a M who is suspended, debarred, ineligible, or vohnrfinly excluded fianm participation in this transaction, in addition to other remedies available to the Federal Cmvenunent, the de- partment or agency with which this transaction originated may pursuc available remedies, including suspension and/or debarment. 444 +4 Certification Regari fng Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that ncithff it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to nay of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XU. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Fedird -aid construction contracts and to all related subcontracts which exceed $100.000 -49 CFR 20) 1. The prospective pmticipaut certifies, by signing and snbmittias� this bid or proposal, to the best of his or her knowledge and boh.1 that: a. No Federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to any person for intlruncing or attempting to influence an officer cr empployee of any Federal agency. a Member of Congress. an ofiicff or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the snaking of any Federal loan, the entering into of any cooperative agieeumeut. and the extension. continuation, renewal. amendment. or modification of any Federal contract, grant. loos. or cooperative agreement. b. If my funds other than Federal appropriated fiords have biro paid or will be aid to try person for influencing or attempting to n influece an officer or employee of any Federal agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal couuact- FR -12 gram, loan, or 000pemtive apeement, the undusi�ucd shalt complete uul submit Stundard FormLLL, "Disclosure Form to Report Lobbying," in accordance with its inshuctiorm 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en- tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall ratify and disclose accordingly. FEDERAL -AID FEMALE AND MLNTORrIY GOALS Contract Provisions Federal -aid Construction the following are the goals for female utilization: Goal for Women (applies nationwide ) ..............(percent) ......... 6.9 The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA 174 Redding, CA: Non -SMSA Counties ............. CA Lassen: CA Modoc: CA Plumes: CA Shasta: CA Siskiyou: CA Tehama. 175 Eureka, CA: Non -SMSA Counties ...- ............. CA Del Norte: CA Humboldt: CA Trinity, 176 San Francisco- Oakland -San Jose, CA: SMSA Counties: 7120 Salinas-Seaside- Monterey. CA ............ ............................... CA Monterey. 7360 San Francisco - Oakland. CA ................. CA Alameda: CA Contra Costa: CA Matin: CA San Francisco; CA San Mateo. 7400 San Jose. CA ......... ............................... CA Santa Clara. 7485 Santa Cruz. CA, .................. ................ CA Santa Cruz. 7500 Santa Rosa. CA ..... ............................... CA Souoma. 8720 Vallejo - Fairfield -Napa. CA ................. CA Napa; CA Solmro Non -SMSA Conntia ......... ............................... CA Lake: CA Mendocino: CA San Benito. Goal (Percent) SMSA Counties: 6920 Sacramento, CA ............... CA Placer; CA Sacramento: CA Yolo, Non -SMSA Counties .................. CA Butte; CA Colusa; CA El Dorado: CA Glenn; CA Nevada: CA Sietra; CA Sutter. CA Yuba. 178 Stockton - Modesto. CA: SMSA Cousnics: 6.8 5170 Modesto, CA ....... ............................... CA Stanislaus. 8120 Stockton, CA - ..... ............................... CA San Joaquin. Non -SMSA Counties ......... ............................... CA Alpine; CA Amador; 66 CA Calaveras; CA Mariposa: CA Merced CA Tuolumne. 16.1 14.3 12.3 24.3 19.8 FR -13 Four 1273 — Iteviwd 3.95 03.07.95 179 Fresno-Bakers-field, CA: SMSA Cormties: 0680 Bakersfield. CA... ..... . ...................... 19.1 CA Kern. 2840 Frenw, CA ........... ............................... 26.1 28.9 CA Fresno. Non -SMSA Counties ......... .................... 23.6 25.6 CA Kings: CA Madera: CA Tulare. 180 Los Aneeles. CA: 19.6 SMSA Counties: 14.9 0360 Anaheim -Santa Ana- Garden Grove. CA ................. ............................... 11.9 9.1 CA Orange. 4480 Los Aneeles -Lon? 17.1 _ Beach, CA ................ ............................... 28.3 CA Los Angela. 6000 Oxnard -Simi Valley - 23.2 Ventura. CA ............... ............................... 21.5 CA Ventura. FR -13 Four 1273 — Iteviwd 3.95 03.07.95 6780 Riverside -San Bernardino - Ontario, CA. ..................................... ........ 19.0 CA Riverside; CA San Bernardino. 7480 Santa Barbara -Santa Maria. Lowpoc, CA .............. ............................... 19.7 CA Santa Barbara, Non -SMSA Counties ......... ............................... 24.6 CA Inyo; CA Mono; CA San Lois Obispo. 181 San Diego, CA: SMSA Counties 7320 San Diego, CA ..... ............................... 16.9 CA San Diego. Non -SMSA Counties ......... ............................... 18.2 CA imperial. In addition to the reporting regwrements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shalt submit for every month of July during which work is perforated, employment data as contained under Form FHWA PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Fan 1273 — Revised 3 -95 08 -07-95 FR -14 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 06/04/2010 Dept. /Contact Received From: Shauna Oyler Date Completed: 06/04/2010 Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: Macadee Electric t. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property & Casuaaty 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 or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property and Casualty 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? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Indemnity Co. B. AM BEST RATING (A-: VII or greater): "A + "(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: X/a/wfk /COSY 0 610 412 0 1 0 Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval /exception/waiver by Risk Management B &B initials Comments: Approved: Risk Management Date ® Yes ❑ No 2 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENERGY EFFICIENT STREETLIGHT lMPRC�VEMENT PROJECT CONTRACT N t -N A 111 2 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4232 in accordance with the Drawings and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit, ITEM QUANTITY— ITEM DESCRIPTION AND UNIT UNIT AND HNIT 001f�[: TOTAL Lump Sutjj Mobilization @ -F(V 1�� ti 4 �ollars J� Thu Zero and Cents 000. 00 6'/ 5000 00 P—erTLjrjjp Surzi$ LUMP SLItll Traffic Control `-FW 0 'r U. 6a r, 6( Dollars C, 1 '9 g� v Nore;,and 00 Cents Lump SUM Lump Sure Install and Maintain Advisory Signs Tb r o e-. bt 64 IN el— 0 @ ei, -h ,I oi —f7r� �r-- i d —Z, rro Cents C-) Per Lump Sum ?J53 00 PR 2 of 9 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL I— AND UNIT ..,.-ERIC _PRICE 4. 26 Each Rotate Existing Streetlight Standard 5 6, 7 E; @phi fi ','7dr-'0t Dollars and _-Cents Per Each $ 1150-00 q b6PC) 7 Each Reset Existing Streetlight Standard to Grade 6 @---"Le-V L�____Dollars and —Cents $ $ 11 OD Per Each 19 Each Remove Existing Streetlight Standard and Foundation, Replace with New Type H Standard, 16,000 Lumen LED Luminaire Dollars and Cents $013 LO 3 F-7 0o Per Each i— W 12 Each Remove Existing Streetlight Standard and Foundation, Replace with New Type V Standard, 4,000 Lumen LED Luminare Dollars and 4 -7, t'r 0 Cents -11 V 04, Per Each — �p 7 Each Remove Existing Streetlight Standard and Foundation, Replace with New Type VI Standard, 4,000 Lumen LED Luminare e"I of 6A 'Z' Cents 06 $ 00 Per Each 9 10 11. 12 13 PR 3 of 9 %IUMIN I I I T I I tM 1JL6(;HIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16 Each Remove Existing Type 11 Streetlight Standard and Foundation Six k - @. j1%_L21:M�D o I I a rs _Z Yr6 and $ G5C)'00 --,,-,,-Cents $ /0� 400.06 Per Each 4 Each Remove Existing Streetlight Standard and Foundation, Replace with New Type 11 Standard, 29,000 Lumen LED Luminare ret, L4ndf—boilars and -J(1006 Cents $ 0()$ 6,) -4, 0 Per Each 94 Each Remove and Replace Existing Luminare on Type III Standard, 70 Waft (6,500 Lumen) NPS Luminaire � V, f r A " 4 t- -, d Dollars 0 and Cents m. $ Per Each ............ 14 Each Remove Existing Streetlight Standard and Foundation, Replace with New Type III Standard, 70 Watt (6,500 Lumen) HP4uminaire V-el @p.nC Dollars and Per Each —Cents 00 $ 4 I Each Remove Existing Streetlight Standard and Foundation, Replace with New Type III Standard, 70 Watt (6,500 Lumen) HIPS Luminaire @ Dollars and —...Cents q Per Each NZERN ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT YO—TAL —.AND UNIT PRICE WRITTEN IN WORDS PRICE ---ERIC 14. N 16. 17 18 6 Each Remove and Replace Existing Luminare on Type 11 Standard, 100 Watt (9,500 Lumen) HPS Luminare /_.. Dollars and Cents $ 7 50 $ Per Each 3 Each Remove and Replace Existing Luminare on Type Standard, 29,000 Lumen LED Luminare 0 () e #v L1415 A n A- * -e � (_ ' I I,\ arc a.@ —Dollars r-?,rNf t4 -2-6 r 0 Per Each and CentsL-��,�.GO I Each Furnish and Install New Type III Standard, Lumen) PTL HIPS Lurninqre 7-3, CA - ITT vrdr e& Do arsr and 70 Watt (6,500 a/ 0 N /I rs (rb — Cents 3 5,+ � 60 3 oo Per Each $ $ _Ii - 32 Each Furnish and Install 76 Watt (5,191 Lumen) LED Luminaire on Existing Wood Post e e) i Ovv ,1 Sohn @ Ont h or d rak Dollars 7r—'17 T and d4011ar-5 I f'e-&-2 Cents Per Each J� J- 4 Each Remove Existing Streetlight Standard and Foundation, Replace with New Type 11 Standard, 16,000 Lumen LED Lu arer -a Dollars and ----CentsC, $ b Per Each -------- PR 5 of 9 ITEM QUANTITY _ITEM DESCRIPTION AND UNIT U , NIT AND UNIT PRICE WRITTEN IN WORDS TO, TAL �jI -PRIG 19. 2 Each Remove Existing Streetlight Standard and Foundation, Replace with New Type 11 Standard, 100 Watt (9,500 Lumen) HPSgI- uminare , / LA @ _: �6 � -rk Dollars, 4W f r) jZ0 and dO/IAY3 Per ECa4- F_—Cents $ o'2 c h 20, 2 Each Remove Existing Streetlight Standard and Foundation, Replace with New CITY FURNISHED Type 11 Standard, 29,000 Lumen LED Luminare 7% f- "(f - A sdr h e-' ) %) C A 41-4,- -.- d- j ....—Dollars v c dPer Each . ...... .. .. .. .. .. ... . . . -nts $ Alal a Os 7 o 0 21. 1 Each Remove and Dispose Existing Type 11 Foundation @ Dol4rs/ 'L y do / lillrJ and Cents $ $ Per Each 22. 26 Each Furnish and Install Double Fuse Holder for Existing Streetlight Standard @-h�4�'e'(Dollars 7Zand e�rt? Cents $ �53, oo $ Co Per --E—a Each 23, 2 Each Reset Existing Pull Box to Grade Dollars and —Cents $ g. 00 $ 1 -1 co Per Each 24. 5 Each Remove Existing Pull Box a d Restore Surface 0 k,4 �i d v- - �o4- F, f -4-,/ w I , -, Dollars -- -2, tr C)__ -....and $ c2G0,0C)I ��S;0- 06 't Per Each Cents W ifffflowo ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT --TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE RRICE 25. 2 Each Remove Existing Pull Box and Connect Conduit 4– el6h_4y Dollars and Cents s 3. 00 $ j ��'0 26- 63 Each Furnish and Install New #3 1/7 F Pup Box rt y 4, -Dollars and P_e_r��ac Cents $ $ - 2 7- -797-06) 27. 53 Each Remove Existing Pull ox and Install Now #3'/a F Pull Box t4 od re a Lj e and �_erEa�h__ Cents $ /_71.00 $ 7. 0-0 28, 71 Each Furnish and Install Now I" PVC Conduit with 2#8 Insulated Conductor ru P , " @-----.Dollars -2,c- r6 and . ...... Cents s 6 6 1110 $ J_'-7 -1 So 00 Per Each 29. 15,105 LF Furnish and Install Now 1-1/4" PVC Conduit with 2#8 Insulated Conductors r'pe I Cle, A --Dollars and Cents00 30. 365 LF Furnish and Install New 1-1/4" PVC Conduit with 4#8 Insulated Conductors Dollars and Cents $ b$ Per Linear Fot— PR 7 of 9 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL _ _AND ,UNIT PRICE WRITTEN IN WORDS PRICE PRICE 31 10 LF Furnish and Install New 1-1/4" PVC Conduit with 6#8 Insulated Conductors --1v� f -, -v"/ �-w 0 _ @ Dollars and ----,-Cents $ .0() Per Linear Foot 32. 10 LF Furnish and Install New 2" PVC Conduit with 8#8 Insulated Conductors --rt t -.,j �V e_j> @ Dollars -,)--e and 00 00 --Cents $ $ — VWL—inear Foot 33. 3,825 LF Furnish and Install New 2#8 Insulated Conductors in Existing Conduit A- r\,r Dollars and '7_�O —Cents $ 1 .0o iyer —Linear — $ Foot 34. 180 LF Furnish and Install New 4#8 Insulated Conductors in Existing Conduit @ 1 tat ollars tiro Ceand nis $ $ Per Linear Foot— 35. 2 Each Remove and Replace #31/z F Lid with New on Existing Pull Box 4 - Dollars e-r s $ Cts Per Each $ 36. 1 Each Furnish and Install Type V Photo Electric Coll and Contactor In Existing Service Cabinet _T�w,-dreg - h I @ Dollars Z,vr n and $ 00 GI o2 air -Cents3 Per Each $ PR 8 of 9 ITEM QUANTITY __jTEKj DESCRIPTION AND UNIT TOTAL &ND UNIT _PRICE WRITTEN IN �W6k6--PRICE —,---eRIQE_ 37. 1 Each Modify Existing Type 11 Service Cabinet with New Contactor and Photo Elctric Cell t. r fit. V( � t (.� rj r e d Aey-JL4 @ Dollars cents ��r_$ Per Each 4 Each Furnish and Install New Single -Meter Type III -BF Service Cabinet 'Pv,e 1-0 1 ek 4, (Aj @ Dollars Y --e -e Gt 0 114 r,�, _2__e�r and Cents $ $ 00 Per Each 39. 3 Each Remove Existing Cabinet and Install new Type III -BF Service Cabinet @ Dollars and —Cents $ 00 Per �Each 40, 1 Each Remove Existing Type V Streetlight Standard @ Dollarset r and —Cents Per Each 41. Lump Sum Provide As -Built Drawings @--ElivO Thousand Dollars and Z0—r0_,____Cents Per Lump sum Nam= ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTA[— Ahjr) UNIT PRICEWRITTEN IN WORDS _PRICE _ PRICE TOTAL PRICE IN WRITTEN WORDS vin r1T,(,*1 and — 2-ero —Cents MAV Date;� -3 7�7 Numbers b �e Bidder's e I �eo ti � �dF 31- -- Bidder's License Wo(S). and Classification(s) Bidder's email address: J7 AD M's 011S,1,h A/0 C —Dollars paJlars Total Price (Figures) -MA4AoLee 01-ec 'cal Con utl�dr' Bidd a Au orized Sign or too dens Au 0(�=tu�reand �Ti*tle� 1171D Bidder's Address e ev The selection of lowest responsible bidder shall be based on the Total Base Bid amount above, The bid amount entered for the alternate bid item below is for the sole purpose of City information. The City may, during construction, elect to replace the above bid items with one, all, or none of these alternate bid items through Change Order(s), Al A2 19 Each Remove Existing Streetlight Standard and Foundation, Replace with New Type 11 Standard, 150 Waft (16,000 Lumen) HPS Luminare ot A--�.Dollars, 72 r o and Cents $ 5' 652.00s q5 qy? Per —Each --- 12 Each Remove Existing Streetilght Standard and Foundation, Replace with New Type V Standard, 70 Watt (6,500 Lumen) HIRS Luminare e 'c -k -/1 7L V 0 @ 'Ave-h—��dl)ollars' -2-(.. rV and Per Each Cents �t) 0o PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 1 2 -12 SPECIAL TERMS AND CONDITIONS FOR THE ENERGYEFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM 2 2 -12.1 Site Visits 2 2 -12 -2 Federal, State and Municipal Requirement 2 2 -12 -3 Notice Regarding the Purchase of American -Made Equipment and Products — Sense of Congress 2 2 -12 -4 Special Provisions Relating to Work Funded Under American Recovery and Reinvestment Act of 2009 2 2 -12.5 Required Use of American Iron, Steel, and Manufactured Goods — Section 1605 of the American Recovery and Reinvestment Act of 2009 (May 2009) 6 2 -12.6 Wage Rate Requirements Under Section 1606 of the Recovery Act (May 2009) 9 2 -12.7 Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients (May 2009) 10 2 -12.8 Davis Bacon Act Requirements (May 2009) 11 SECTION 3 CHANGES IN WORK 21 3 -3 EXTRA WORK 21 3 -3.2 Payment 21 3 -3.2.3 Markup 21 SECTION 4 CONTROL OF MATERIALS 21 4-1 MATERIALS AND WORKMANSHIP 21 4 -1.3 Inspection Requirements 21 4 -1.3.4 Inspection and Testing 22 SECTION 5 UTILITIES 22 5-1 LOCATION 22 5 -2 PROTECTION 22 5 -7 ADJUSTMENTS TO GRADE 22 5 -8 SALVAGED MATERIALS 22 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 22 6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 23 6 -7 TIME OF COMPLETION 23 6 -7.1 General 23 6 -7.2 Working Days 23 6 -7.4 Working Hours 24 6-9 LIQUIDATED DAMAGES 24 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 24 7 -8 PROJECT SITE MAINTENANCE 24 7 -8.5.1 Steel Plates 24 7 -8.6 Water Pollution Control 24 7 -8.6.1 Best Management Practices and Monitoring Program 25 7 -10 PUBLIC CONVENIENCE AND SAFETY 25 7 -10.1 Traffic and Access 25 7 -10.2 Storage of Equipment and Materials in Public Streets 25 7 -10.3 Street Closures, Detours, Barricades 26 7 -10.4 Public Safety 26 7- 10.4.1 Safety Orders 26 7 -10.5 "No Parking" Signs 27 7 -10.7 Notice to Residents and Temp Parking Permits 27 7 -15 CONTRACTOR LICENSES 27 7 -16 CONTRACTOR'S RECORDWAS BUILT DRAWINGS 27 SECTION 9 MEASUREMENT AND PAYMENT 28 9 -3 PAYMENT 28 9 -3.1 General 37 9 -3.2 Partial and Final Payment 37 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 37 201 -1 PORTLAND CEMENT CONCRETE 37 201 -1.1.2 Concrete Specified by Class 37 201 -2 REINFORCEMENT FOR CONCRETE 37 201 -2.2.1 Reinforcing Steel 37 SECTION 209 ELECTRICAL COMPONENTS 37 209 -2.1 Electroliers 37 209 -2.2 Anchor Bolts 38 209 -2.3 Conduit 38 209 -2.4 Wire 38 SECTION 215 ARRA SIGN 39 215 -1 GENERAL 39 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 39 300 -1 CLEARING AND GRUBBING 39 300 -1.3 Removal and Disposal of Materials 39 300 -1.3.1 General 39 300 -1.3.2 Requirements 40 300 -1.5 Solid Waste Diversion 40 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 40 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 40 303 -5.1 Requirements 40 303 -5.1.1 General 40 303 -5.4.1 General 40 303 -5.5 Finishing 40 303 -5.5.1 General 40 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements APPENDIX A — ARRA SIGN DETAILS Last saved by srooks04 /21 /2010 9:47 AM f.\users \pbw\shued \contracts\fy 09- 10\enefgy efficient streetlight c- 42321specs index c4232.doc 40 40 40 40 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 43 ENERGY EFFICIENT STREET LIGHT IMPROVEMENT PROJECT CONTRACT NO. 4232 AWARD NO.: DE- SC0001808 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. E- 5067 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; and 5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, 'The work necessary for the completion of this contract consists of mobilization, traffic control, distributing construction notifications, construction surveying, concrete improvements, installing, removing and relocating street lighting facilities and appurtenances, and all other items to complete work in place. 2 -9 SURVEYING 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall SP 2 OF 42 protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2 -12 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM 2 -12.1 SITE VISITS Department of Energy authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. Contractor, and any subcontractors, must provide reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. 2 -12.2 FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. 2 -12.3 NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American -made. 2 -12.4 SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long -term economic benefits, stabilize State and local government SP3OF42 budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Contractor shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Contractor shall obtain a DUNS number (or update the existing DUNS record), and registering with the Central Contractor Registration (CCR). Contractors must keep separate records for Recovery Act funds and ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. Contractor will be provided these details as they become available. Contractor must comply with all requirements of the Act. If the Contractor believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions Non - Federal employer means any employer with respect to covered funds — the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. Special Provisions A. Segregation of Costs Contractor must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track, and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. SP4OF42 Prohibition on Use of Funds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. B. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized — (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions relation to, the subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. C. Publication An application may contain technical data and other data, including trade secrets and /or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages - - -- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. SP5OF42 Information about this agreement will be published on the Internet and linked to the website www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case -by -case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. D. Protectinq State and Local Government and Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non - Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered funds; • a gross waste of covered funds • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; • an abuse of authority related to the implementation or use of covered funds; or • a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non - Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and SP6OF42 conditions of employment that would apply to the person in that position if the reprisal had not been taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). E. False Claims Act Contractor shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub - grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds. F. Information in supporting of Recovery Act Reporting Contractor may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Contractor shall provide copies of backup documentation at the request of the Contracting Officer or designee. 2 -12.5 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) a. Definitions. As used in this award term and condition -- SP7OF42 (1) "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been - (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) "Public building" and "public work' mean a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi- State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111 - -5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate "none "] (3) The award official may add other iron, steel, and /or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that- - (i) The cost of the domestic iron, steel, and /or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available SP8OF42 quantities and of a satisfactory quality; or (iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of Section 1605 of the Recovery Act. (1) (i) Any contractor request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government valuation of the request, including - (A)A description of the foreign and domestic iron, steel, and /or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G)Name and address of the proposed supplier; and (H)A detailed justification of the reason for use of foreign iron, steel, and /or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any contractor request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the contractor could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the contractor does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and /or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and /or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and /or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the SP9OF42 differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and /or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Measure Quantity Cost (dollars)* /tem 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron , or manufactured good Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 2 -12.6 WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009) a. Section 1606 of the Recovery Act requires that all 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 the Recovery Act 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 subchapter IV of chapter 31 of title 40, United States Code. SP 10OF42 Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). b. For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Contractors of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 2 -12.7 RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) a. To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111 -5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A -- 102 Common Rules provisions, Contractor agrees to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A - -102 is available at http: / /www.whitehouse.gov /omb /circulars /a 102/a102. html b. Contractor shall separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF - -SAC) required by OMB Circular A - -133. OMB Circular A--133 is available at http: / /www.whitehouse.gov /omb /circulars /al33 /a133.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF - -SAC by CFDA number, and inclusion of the prefix "ARRA -" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF- -SAC. c. Contractor shall receive document at the time of award and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. d. Contractor shall include on their SEFA information to specifically identify SP 11 OF 42 Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the City to properly monitor Contractor's expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 2 -12.8 DAVIS BACON ACT REQUIREMENTS (MAY 2009) Note: Where necessary to make the context of these articles applicable to this award, the term "Contractor' shall mean "Recipient" and the term "Subcontractor" shall mean "Subrecipient or Subcontractor" per the following definitions. Recipient means the organization, individual, or other entity that receives an award from DOE and is financially accountable for the use of any DOE funds or property provided for the performance of the project, and is legally responsible for carrying out the terms and conditions of the award. Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient for the use of the funds provided. The term may include foreign or international organizations (such as agencies of the United Nations). Davis -Bacon Act (a) Definition.—"Site of the work " — (1) Means- - (i) The primary site of the work. The physical place or places where the construction called for in the award will remain when work on it is completed; and (ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is— (A) Located in the United States; and (B) Established specifically for the performance of the award or project; (2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided - (i) They are dedicated exclusively, or nearly so, to performance of the award or project; and (ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition; (3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard SP 12 OF 42 to a particular Federal award or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a award. (b) (1) 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, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the award was performed at that site and shall be incorporated without any adjustment in award price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work. (2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(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 paragraph (e) of this article; 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 period. (3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the article entitled Apprentices and Trainees. 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. (4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this article) and the Davis -Bacon SP 13 OF 42 poster (WH -1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. c. (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the award shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this article shall be paid to all SP 14 OF 42 workers performing work in the classification under this award from the first day on which work is performed in the classification. (d) Whenever the minimum wage rate prescribed in the award 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. (e) 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. Rates of Wages The minimum wages to be paid laborers and mechanics under this award involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are included as an attachment to this award. These wage rates are minimum rates and are not intended to represent the actual wage rates that the Contractor may have to pay. Payrolls and Basic Records (a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 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 1(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 paragraph (d) of the article entitled Davis - Bacon Act, 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 1(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 SP 15 OF 42 certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (b) (1) The Contractor shall submit weekly for each week in which any award work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this article. This information may be submitted in any form desired. Optional Form WH -347 (Federal Stock Number 029 - 005 - 00014 -1) is available for this purpose and may be purchased from the -- Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) 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 award and shall certify -- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this article and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the award during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and (iii)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 award. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2) of this article. (4) The falsification of any of the certifications in this article may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of SP 16 OF 42 Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. 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. Withholding of Funds The Contracting Officer shall, upon his or her 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 award or any other Federal award with the same Prime Contractor, or any other federally assisted award 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 award. 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 award, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Apprentices and Trainees (a) Apprentices. (1) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed - (i) 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 and Training, Employer, and Labor Services ( OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. SP 17 OF 42 (3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(1) of this article, shall be paid not less than the applicable 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. (4) Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (5) 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. (6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, 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. (b) Trainees. (1) 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, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (2) 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, SP 18 OF 42 trainees shall be paid the full amount of fringe benefits listed in 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 in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (3) In the event OATELS 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. (d) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this article shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. Compliance with Copeland Act Requirements The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this award. Subcontracts (Labor Standards) (a) Definition. "Construction, alteration or repair," as used in this article means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation— (1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off -site; (2) Painting and decorating; (3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work; (4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the article entitled Davis Bacon Act of this award, and a facility which is SP 19 OF 42 dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of work" definition; and (5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a)(1)(ii) of the Davis -Bacon Act article, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the Davis Bacon Act article, in the "site of the work" definition). (b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs within the United States the articles entitled— (1) Davis -Bacon Act; (2) Contract Work Hours and Safety Standards Act -- Overtime Compensation (if the article is included in this award); (3) Apprentices and Trainees; (4) Payrolls and Basic Records; (5) Compliance with Copeland Act Requirements; (6) Withholding of Funds; (7) Subcontracts (Labor Standards); (8) Contract Termination – Debarment; (9) Disputes Concerning Labor Standards; (10) Compliance with Davis -Bacon and Related Act Regulations; and (11) Certification of Eligibility. (c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the award articles cited in paragraph (b). (d) (1 )Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor's signed and dated acknowledgment that the articles set forth in paragraph (b) of this article have been included in the subcontract. SP 20 OF 42 Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract. (e) The Contractor shall insert the substance of this article, including this paragraph (e) in all subcontracts for construction within the United States. Contract Termination -- Debarment A breach of the award articles entitled Davis -Bacon Act, Contract Work Hours and Safety Standards Act -- Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis -Bacon and Related Act Regulations, or Certification of Eligibility may be grounds for termination of the whole award or in part for the Recovery Act covered work only, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12. Compliance with Davis -Bacon and Related Act Regulations All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this award. Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes and Appeals as defined in 10 CFR 600.22. Disputes within the meaning of this article include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Certification of Eligibility (a) By entering into this award, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (b) No part of this award shall be subcontracted to any person or firm ineligible for award of a Government award by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. SP 21 OF 42 Approval of Wage Rates All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under this award must be submitted for approval in writing by the head of the contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis -Bacon Act minimum wage determination included in the award. Any amount paid by the Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Contractor and shall not be reimbursed by the Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked. 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 ............. ............................... 15 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 SP 22 OF 42 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 Specifications and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "Upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor, at his cost, shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor, at his cost, shall replace all City - owned water valve boxes, covers, and associated hardware with new 4TT boxes and covers if damaged and /or needs to be adjusted to grade. The Contractor will be required to contact Southern California Edison, The Gas Company, AT &T, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing street light standards and luminaire, sewer /storm drain manhole (including grade rings), meter or valve box covers, and all removed cast iron pipes as identified by the Engineer. Salvaged materials shall be delivered to a site specified by the Engineer. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK SP 23 OF 42 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 ten 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 100 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondg is a holiday. If January 1st July 4th November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday. If a working day conflicts with City- approved special events, the Contractor shall modify working day /hours to accommodate said event. Construction at the Balboa Pier, Newport Pier, and McFadden Plaza areas shall not take place between Memorial Day Weekend and Labor Day Weekend." SP 24 OF 42 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) along a major roadway, as determined by the Engineer, shall take place between 8:00 a.m. and 4:00 p.m. only. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during saw cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in SP 25 OF 42 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 hftp://www.newi)ortbeachca.gov/i)ublicworks." 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. Not placing construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in City right -of -way or property if approved by the Engineer. It is the SP 26 OF 42 Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan(s) and detour plan(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." SP 27 OF 42 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, which are 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 and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a valid "A" or "C -10" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a valid 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. SP 28 OF 42 The "As- Built" mark -ups 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, but not limited to, the cost of all labor, equipment, and material for mobilization, providing bonds, insurance and financing, obtaining an equipment and material storage site, construction surveying, preparing the BMP Plan, preparing and updating construction schedule, providing submittals, attending all pre- construction and construction meetings, demobilization, completing all reporting documents, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for delivering all required notifications, posting signs and notifying residents and businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California - licensed Traffic Engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, temporary striping, 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. Item No. 3 Install and Maintain Advisory Signs: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for fabricating, delivering, placing, maintaining, removing, and disposing the ARRA sign, and all other work items to complete work in place. Refer to construction drawings for sign location. See Appendix A for sign details. SP 29 OF 43 Item No. 4 Rotate Existing Streetlight Standard: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for rotating existing street light standard, resetting on existing foundation to grade, remounting existing mast arm and luminaire (if required) to match existing orientation, re- grouting, restoring surface to match adjacent area, and all other work items to complete work in place. The degree of rotation shall be directed by the Engineer during construction. Item No. 5 Reset Existing Streetlight Standard to Grade: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for resetting the existing street light standard on existing foundation to grade, re- grouting, restoring surface to match adjacent area, and all other work items to complete work in place. Item No. 6 Remove Existing Streetlight Standard and Foundation, Replace with New Type II Standard, 16,000 Lumen LED Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 201 -L; furnishing and installing new Type II standard (Ameron cat. No. 6131 -31 -F8 Double Arm) and 16,000 lumen, 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses and new 1" PVC conduit and wiring from pole base to designated pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 7 Remove Existing Streetlight Standard and Foundation, Replace with New Type V Standard, 4,000 lumen LED Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 202 -L -A; furnishing and installing new Type V standard (Ameron cat. No. 22- CT -10), and 4,000 lumen LED, 240 volt luminaire with photo electric cell. Furnish and install double fuse holder with 5 amp fuses in adjacent pull box as per STD - 205 -L. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 8 Remove Existing Streetlight Standard and Foundation, Replace with New Type VI Standard, 4,000 Lumen LED Luminaire: Work under this item SP 30 OF 43 shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD- 209 -L; furnishing and installing new Type VI standard (Ameron cat. No. 21- CT -13), and 4,000 lumen LED, 240 volt luminaire with photo electric cell. Furnish and install double fuse holder with 5 amp fuses in adjacent pull box as per CNB STD - 205 -L. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 9 Remove Existing Type II Streetlight Standard and Foundation: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing existing street light standard and luminaire; backfilling, compacting, restoring surface to match adjacent area (full panels if concrete), removing and disposing of existing foundation, and all other items to complete work in place. Item No. 10 Remove Existing Streetlight Standard and Foundation, Replace with New Type II Standard, 29,000 Lumen LED Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 201 -L; furnishing and installing new Type II Standard (Ameron cat. No. 681 -31 -F8 Double Arm) and 29,000 lumen LED, 240 volt luminaire with photo electric cell; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box as per CNB STD - 205 -L; installing new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 11 Remove and Replace Existing Luminaire on Type III Standard, 70 Waft (6,500 lumen) HIPS Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new 70W (6,500 lumen) PTL luminaire, 240 volts H.P.S. on existing Type III Standard per CNB STD - 202 -L -B with photo electric cell and enclosed ballast; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box, and all other items to complete work in place. Item No. 12 Remove Existing Streetlight Standard and Foundation, Replace with New Type III Standard, 70 Watt (6,500 Lumen) HIPS Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and IIL__. SP 31 OF 43 materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 202 -L -B; furnishing and installing new Type III Standard (Ameron cat. No. 7132 -12P 12' -3 "), 70 watt (6,500 lumen) HPS, 240 volt luminaire with photo electric cell and enclosed ballast; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box as per STD -205- L; installing new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 13 Remove Existing Streetlight Standard and Foundation, Replace with New Type III Standard, 70 Watt (6,500 Lumen) HPS Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 202 -L -B; furnishing and installing new Type III Standard (Ameron cat. No. 7132 -14P 14' -6 "), 70 watt (6,500 lumen) HPS, 240 volt luminaire with photo electric cell and enclosed ballast; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box as per STD -205- L; installing new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 14 Remove and Replace Existing Luminaire on Type II Standard, 100 Watt (9,500 Lumen) HPS Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new 100 watt (9,500 lumen) HPS cobra head, 240 volt H.P.S. luminaire on existing Type II Standard per CNB STD -201 -L with photo electric cell and enclosed ballast; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box, and all other items to complete work in place. Item No. 15 Remove and Replace Existing Luminaire on Type II Standard, 29,000 Lumen LED Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new 29,000 lumen LED cobra head, 240 volt luminaire on existing Type II Standard per CNB STD -201 -L with photo electric cell; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box, and all other items to complete work in place. Item No. 16 Furnish and Install New Type III Standard, 70 Watt (6,500 Lumen) PTL HPS Luminaire: Work under this item shall include, but not limited to, the cost SP 32 OF 43 of all labor, equipment and materials for furnishing and installing new Type III Standard (Ameron cat. No. 762 -12P) with 70 watt (6,500 lumen), PTL luminaire, 240 volts H.P.S. with photo cell and enclosed ballast; relocating utilities to accommodate for work; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box; installing standard on new foundation per CNB STD - 202-L-B. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; installing pole number tag, and all other items to complete work in place. Item No. 17 Furnish and Install 76 Waft (5,191 Lumen) LED Luminaire on Existing Wood Post: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Synergy MT model #IE090 LED fixture, 76 waft (5,191 Lumen), 240 volt and components model #LED6SQ4HSS2B mounting arm on existing wood post, and all other items to complete work in place. Install using new stainless steel mounting hardware, 5/16" through bolts with nylok nuts and flat washers. Item No. 18 Remove Existing Streetlight Standard and Foundation, Replace with New Type II Standard, 16,000 Lumen LED Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 201 -L; furnishing and installing new Type II Standard (Ameron cat. No. 6131 -31 -F8 Single Arm) and 16,000 lumen LED, 240 volt luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box as per CNB STD - 205 -L; installing new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 19 Remove Existing Streetlight Standard and Foundation, Replace with New Type II Standard, 100 Waft (9,500 Lumen) HPS Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or delivering the existing street light standard; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 201 -L; furnishing and installing new Type II Standard (Ameron cat. No. 6131 -31 -F8 Single Arm) and 100 watt (9,500 lumen) HIPS, 240 volt luminaire with shorting cap and enclosed ballast; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box as per CNB STD - 205 -L; installing new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD - 204-L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. SP 33 OF 43 Item No. 20 Remove Existing Streetlight Standard and Foundation, Replace with New CITY FURNISHED Type II Standard, 29,000 Lumen LED Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and cobrahead luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 201 -L; installing new CITY FURNISHED Type II Standard (Ameron cat. No. 6B1 -31 -F8 Single Arm). Furnish and install 29,000 lumen LED, 240 volt luminaire with photo cell; remounting existing flood lights; furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box as per CNB STD - 205 -L; installing new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 21 Remove and Dispose Existing Type II Foundation: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing foundation and pavement; backfilling, compacting, restoring surface to match adjacent area, and all other items to complete work in place. Item No. 22 Furnish and Install Double Fuse Holder for Existing Streetlight Standard: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing a double fuse holder with 5 amp fuses in pull box per CNB STD- 205 -L, and all other items to complete work in place. Item No. 23 Reset Existing Pull Box to Grade: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for resetting existing pull box to grade, restoring surface to match adjacent area, and all other items to complete work in place. Item No. 24 Remove Existing Pull Box and Restore Surface: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box, abandoned conduit and conductors; backfilling, compacting, and restoring surface to match adjacent area; and all other work items to complete work in place. Item No. 25 Remove Existing Pull Box and Connect Conduit: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box, connecting the existing 1 -1/4" conduit with new appropriate -sized conduit, backfilling, compacting, and restoring surface to match adjacent area, and all other work items to complete work in place. SP 34 OF 43 Item No. 26 Furnish and Install New #3' /z F Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing pavement, furnishing and installing #3'/2 F concrete pull box per CNB STD -204 -L and STD - 205 -L, backfilling, compacting, restoring surface to match adjacent area, disposing of excess excavated materials, and all other items to complete work in place. Item No. 27 Remove Existing Pull Box and Install New #3'/2 F Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, and disposing existing pull box; furnishing and installing new #31/2 F pull box per CNB STD -204 -L and STD - 205 -L, removing pavement, backfilling, compacting, restoring surface to match adjacent area, disposing of excess excavated materials, and all other items to complete work in place. Item No. 28 Furnish and Install New 1" PVC Conduit with 2 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1" PVC conduit with 248 insulated conductors, 148 bare conductor, and appurtenances to make required connections from pull box to street light standard, wiring, and all other items to complete work in place. Contractor shall "chip" through existing foundation to install new sweep. Item No. 29 Furnish and Install New 1 -1/4" PVC Conduit with 2 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1 -1/4" PVC conduit with 248 insulated conductors, 148 bare conductor, and appurtenances to make required connections, wiring, and all other items to complete work in place. Conduit shall be installed under sidewalk/parkway as directed by the Engineer. Item No. 30 Furnish and Install New 1 -1/4" PVC Conduit with 4 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1 -1/4" PVC conduit with 448 insulated conductors, 148 bare conductor, and appurtenances to make required connections, wiring, and all other work items to complete work in place. Conduit shall be installed under sidewalk/parkway as directed by the Engineer. Item No. 31 Furnish and Install New 1 -1/4" PVC Conduit with 6 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1 -1/4" PVC conduit with 648 insulated conductors, 148 bare conductor, and appurtenances to make required connections, wiring, and all other items to complete work in place. Conduit shall be installed under sidewalk/parkway as directed by the Engineer. SP 35 OF 43 Item No. 32 Furnish and Install New 2" PVC Conduit with 8#8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2" PVC conduit with 848 insulated conductors, 148 bare conductor, and appurtenances to make required connections, wiring, and all other items to complete work in place. Conduit shall be installed under sidewalk/parkway as directed by the Engineer. Item No. 33 Furnish and Install New 2 #8 Insulated Conductors in Existing Conduit: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 248 insulated conductors, 148 bare conductor, and appurtenances in existing conduit, wiring, and all other items to complete work in place. Conduit ends shall be re- sealed with ductseal or approved equal. Item No. 34 Furnish and Install New 4 #8 Insulated Conductors in Existing Conduit: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 448 insulated conductors, 148 bare conductor, and appurtenances in existing conduit, wiring, and all other items to complete work in place. Conduit ends shall be re- sealed with ductseal or approved equal. Item No. 35 Remove and Replace #3 '/Z F Lid with New on Existing Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box lid, replacing the pull box lid and appurtenances per CNB STD - 204 -L, and all other items to complete work in place. Item No. 36 Furnish and Install Type V Photo Electric Cell and Contactor in Existing Service Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for modifying existing Type III -BF service cabinet to provide new Type V Photo Electric Cell, 60 amp contactor, appurtenances, and all other items to complete work in place. Item No. 37 Modify Existing Type II Service Cabinet with New Contactor and Photo Electric Cell: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for modifying the existing Type II service cabinet to provide new 60 amp contactor; furnish and install new Myers box above service cabinet and connect; installing 1 '/2" diameter steel pipe from Myers box through roof of building extending to a height 6' above roof; installing twist -lock photo electric cell at end of pipe; installing 3 #12 stranded insulated conductors and 1 #12 green to control contactor; appurtenances and all other items to complete work in place. Item No. 38 Furnish and Install New Single -Meter Type III -BF Service Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment SP 36 OF 43 and materials for furnishing, constructing, installing new single -meter stainless steel Type III -BF Myers service cabinet, base, and electrical components per CNB STD - 206-L; installing 3" PVC conduit with pullrope from service cabinet to 5' adjacent to SCE service point vault; coordinating with SCE for service connection; connecting conductors and wiring; removing pavement, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface to match adjacent area, and all other items to complete work in place. Item No. 39 Remove Existing Cabinet and Install New Type III -BF Service Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for disconnecting conductors and wiring, removing and disposing existing service cabinet and base; furnishing, constructing, and installing new single -meter stainless steel Type III -BF Myers service cabinet, base, and electrical components per CNB STD - 206 -L; reconnecting conductors and wiring; removing pavement, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface to match adjacent area, and all other items to complete work in place. Item No. 40 Remove Existing Type V Light Standard and Foundation: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing existing street light standard and luminaire; backfilling, compacting, restoring surface to match adjacent area (full panels if concrete), removing and disposing of existing foundation, and all other items to complete work in place. Item No. 41 Provide As -Built Drawings: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for marking up Contract drawings with as -built conditions and all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. ALTERNATE BID ITEM Item No. Al Remove Existing Streetlight Standard and Foundation, Replace with New Type II Standard, 150 Watt (16,000 Lumen) HPS Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 201 -L; furnishing and installing new Type II standard (Ameron cat. No. 661 -31 -F8 Double Arm) and 150 watt (16,000 lumen), 240 volt HPS luminaire with photo cell; furnishing and installing double fuse holder with 5 amp fuses and new 1" PVC conduit and wiring from pole base to designated pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. SP 37 OF 43 Item No. A2 Remove Existing Streetlight Standard and Foundation, Replace with New Type V Standard, 70 Watt (6,500 Lumen) HPS Luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, and disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 202 -L -A; furnishing and installing new Type V standard (Ameron cat. No. 22- CT -10), and 70 waft (4,000 lumen), 240 volt HPS luminaire with photo electric cell; and furnishing and installing double fuse holder with 5 amp fuses in adjacent pull box as per STD - 205 -L; installing new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L; backfilling, compacting, restoring surface to match adjacent area, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 209 — ELECTRICAL COMPONENTS 209 -2 MATERIALS 209 -2.1 Electroliers, Street Light standards shall conform to the City of Newport Beach Standard Special Provisions and Standard Drawings STD -201 -L to STD - 209 -L, as noted on the plans. SP 38 OF 42 Mast Arms for Type II Standards shall be Ameron 8' LMA. Mast arm shall include top mount aluminum 8' LMA assembly with removable top cap. Philips Lumec LED Luminaire Manufacturer: Prudential Lighting Products. Contact: Steve Bong (951) 897 -2890. Mast Arm and GE LED Luminaire Manufacturer: Pacific Lighting Sales. Contact: Wayne Howren (949) 597 -1633. High Pressure Sodium Lamps shall be Sylvania Lumalux Series. Balboa and Newport Piers: LED Luminaires shall be #IE090 76 watt (5,191 lumen), 240 volt with 120 beam angle from SynergyMT, (949) 302 -1055. Mast Arms for the fixtures shall be Part #LED6SQ4HSS2B from Componetics, (949) 642 -9053. McFadden Plaza: Cobrahead LED Luminaires shall be GE Evolve LED Series catalog # GE ERMC 0 A3 60 A 2 GRAY LED. Type VI Street Light Standards shall be integral colored #57 uncoated brown /conrock. Decorative PTL LED Luminaire shall be Philips Lumec Serenade DSX Series model #S 55 -40 W 49 L E D4 K -AC D R -L E 3 -240 -S FX -PH 8 -B KTX San Joaauin Hills Road: LED Luminaire shall be Philips Lumec Roadstar model #GPLS-90W49LED4K-LEH2- VOLT-PH8-NP 209 -2.2 Anchor Bolts. Anchor bolts shall conform to the City of Newport Beach (CNB) Standard Drawings STD-201 -L to STD 209 -L, as noted on the plans. 209 -2.3 Conduit. Unless otherwise noted on the plans, conduit shall be 1'/4" Schedule 40 PVC per CNB Standard Drawings STD-201 -L to STD 209 -L. 209 -2.4 Wire. Wiring for street lighting shall consist of 2 #8 insulated conductors with 1 #8 bare copper wire for grounding. Each street lighting circuit shall be color coded. Refer to project plans for color codes for each circuit in the Harbor View Community. SP 39 OF 42 Fuse holders shall be model TRON #HEX -AA and contain Ferraz Shawmut Normal Blow GGU5 5A 120V Glass Fuses. Pull boxes shall be Eisel Enterprises No. 3' /z F or pre- approved equal per CNB STD - 204-L. Type III -BF single -meter stainless steel service cabinets shall conform to the requirements of CNB STD - 206 -L. SECTION 215- - -ARRA SIGN 215 -1 GENERAL The American Recovery and Reinvestment Act (ARRA) sign shall be per detail enclosed within these Special Provisions Appendix A. The sign supports may be fabricated with lumber. PART 3 CONSTRUCTION METHODS SECTION 300- -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: hfti)://www.newportbeach.ca.aov/qeneralservices" 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." SP 40 OF 42 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-1/2 inch" of the last sentence with the words `two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C., stamped concrete, pavers and brick within private or public property damaged during construction in a manner that matches the adjoining areas in structural section, texture and color." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." SP 41 OF 42 Appendix A ARRA Sign Details PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS PROJECT FUNDING SOURCE SIGN ASSEMBLY PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS C �SGN L A PROJECT FUNDING SOURCE SIGN NOTE: SIGN SHALL NOT BE INSTALLED WITHOUT PROJECT RJNDING SOURCE PLAQUE (SEE SHEET 3). DiTensois in inches __ A I B C D E F I G H J f K 120 84 1.5 6 5D 4.5 8D• 3.75 C>7:4yl OJ 74.5 84 60 1 5 4C 3.5 1 6C' , 3 4(Y91u)I 9.25 rr G I OMIT, AND REPLACE WITH "ENERGY EFFICIENT STREELIGHT PROJECT" L M I N I P 10 27.917 5 1 10.831 7 79.047 4 7.362 0 R S T U V W I X Y j Z AA BB CC DO 1 14.087 8.106 11.556 49.42 2.742 5.258 46.9041 6.812 46.76 22.472 8 16.288 5 30 9.484 5.162 7.763 31.722 2.415 3.585 30.5521 4.542 30.91114.737 6 10.175 4 21 FF FF GG * Increase character spacing 50% 11 I 4.5 3 ** See Pictograph Page 4 t * ** See Pictograph paged 7 225 2.25 COLORS: LEGEND, BORDER — WHITE (RETROREFLECTIVE) BACKGROUND — GREEN(RETROREFLECTIVE) PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS <( (���p9g✓. ,��.��� . � -rte { � ,�" � ��yy �N34 n i IIII�;�S�Ii�llN } Mew NOTE: PLAQUE SHALL NOT BE INSTALLED WD LOU I SIGN (SEL SHEL T 2). Daensm r mcnes * Sw SNnd d fthmy stria Page 669 for symbol design. A B 0 1 0 E F G H J K I L I M -� -. N...i_ P 120 24 0.625 1 0.87.5 4 6 D 22.349 20.37D 17.281 1328 1 34.27 1 6.5 _1.8.765 84 18 10,375 1 0.625 1 3.5 1 4_D 16.607 j 15.686 9.707 1D.667 �6 I " 1 22.813 5 5.843 D R S T 1 1.1 1 V I W X Y 7 21.013: 3 24 1 0.375 0.625 1.5 11 8 1.5 12 14.009. 2.25 1 18 0.375 0.625 1 7 6 1.5 I 9 COLORS: LEGEND, BORDER — BLACK BACKGROUND — ORANGE(RETROREFLECTIVE) PROJECT FUNDING SOURCE SIGN ASSEMBLY AMERICAN RECOVERY AND REINVESTMENT ACT SIGN LAYOUT DETAILS RECOVERY Vector -Based, VinyMeady Pictograph COLORS: LEGEND, OUTLINE — WHITE(RETROREFLECTIVE) BORDER — BLUE(RETROREFLECTIVE) BACKGROUND (UPPER) — BLUE(RETROREFLECTIVE) BACKGROUND (LOWER RIGHT) — RED(RETROREFLECTIVE) BACKGROUND (LOWER LEFT) — GREEN(RETROREFLECTIVE) SP 42 OF 42 Appendix 6 Wage Rates Friday,Auoust21, 2009 12:48 PM General Decision Number: CA080035 08/14/2009 CA35 Superseded General Decision Number: CA20070035 State: Calirornia Construction Types: Building, Heavy ?Heavy and Dredging) and Highway County: orange County in California. BUILDING CONSTRUCTION PROJECTS: DREDGING PROJECTS (does not include hopper dredge work) : HEAVY CONSTRUCTION PROJECTS ?does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/08/2008 L 02/15/22008 2 02/22/2008 3 02/29/2008 4 03/0/12000 5 03/18/2008 6 04/04/2008 7 05/09/2008 8 0612012008 07/04/2008 10 07111/2008 it 08/01/2000 lz 08/15/2'008 13 08/29/2008 14 09/12/2008 15 10/03/2008 16 12/05/2008 17 01/02/2009 18 02/0612009 19 02/27/2009 2b 03/06/2009 21 04/1 7/2009 zz 05/01/2009 23 06/05/2009 24 07/03/2009 25 07!10/2009 26 07/31/2003 27 01114/2003 ASBE4•JO$-00? 061071 ?007 Rates Fringes Asbestos Workers /Insulator ilncludes the application ut all insulating materials, protective coveeings, ioatings, and finishes to all types of mechanical systemsl.....$ 37.0L 10.04 Eire Stop Technician (Application of Firestopping Materials Tae wall openings hn l�tl wwu+. wdoLgov /wdvl /scafiles;davisbacOn1CA35. dvb Unfiled Notes Page 8121/2009 3 + and penetrations in walls, floors, ceilings and curtain walls) ........................... 5 20.76 --------------------------------------------- ASEE0005 -004 08/07/2006 F Rate. Asbestos Removal worker /hazardous material handler (Includes ( preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials treat mechanical systems, whether they contain asbestos or not) ....$ 19.55 ---------------------------------------------- BRCA0004 -010 05/01/2009 Rates BR- CK ----- MARBLE SETTER ........$ 39.55 BRCA00IS -004 06/01/2068 Rates MARBLE FINISHER ..................$ 25.52 TILE FINISHER. 21.07 TILE LAYER .......................$ 32.05 ---------------------------------------------- BRCA0018 -010 09 /01 /2008 Rates TERRAZZO FINISHER ................$ 26.59 TERRAZZO WORKER /SETTER............ 5 33.63 --------------------------------------- • CARP0409- 001 07/01/2009 - - - ---- Rate9 CARPENTER {Ii Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 37.35 i2] M111wrigbt ..............$ 37.85 01 Filedriver /Derrick Bargeman, Bridge or Dock. - Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingles ;COmmarciall ................5 37.48 AQ Pneumatic Mailer, Power Stapier ...............5 37.66 (5) Sawfiler ............... 5 37.49 http;Nwww. wdul.gov /wdobscai iles+davi sbacc4VCA35. dab Unfiled Notes Page 2 10.23 Fringes 5.38 Fringes 11.56 --------- - - - - -- Fringes 9.06 7.86 11.99 Fringes 9.62 10.46 Fringes 10.58 Ia.58 10.58 10.56 10.58 Page 2 of 23 8121/2009 (6) Scaffold Builder ...... .$ 28.55 10.58 (7) Table Power Saw Operator ....................$ 37.43 10.58 FOOTNOTE: Work of farming in the construction of open cut sewers or storm drains, on operations in which horizontal k lagging is used in conjunction with steel H -Seams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms ;which work is performed by piledrivers): $0.13 per hour additional. Certified Welder - $1.00 per hour premium. ______________________________ ______ ________ ____ ____ _______ __ CARP0409 -005 07101/2009 Rates Fringes t Drywall DRYWALL INSTALLER /LATHER....$ 37.35 10.58 STOCKER /SCRAPPER .... ........ $ 10.00 6187 ____________________________________________________________ ELEC0011 -002 03/01/2008 t C014KUNICATIONS AND SYSTEMS WORK Rates Fringes i Cotmttunicatlons system Tnztallex ...................$ 26.43 35 +7.60 Technician ..................$ 28.23 1! +7.60 SCOPE OF WORK: Tnttallation, seating, sorvice 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 roaster clock systems in commercial buildings. Communication Systems that transmit of 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 ocher data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, end 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. - ----------------------------------------- _e__.------ ELEC0441 -001 1_'lOL 3•:ri3 P.a.es Fringes CABLE SPLICER ....................: 4x,.34 ELECTFICIAW ...................... 5 38.57 3c +11.50 ._ htgl/ www. wdol scaflIes/davisbacmVC 35,dt•b Unfiled Notes Page 3 $.`21 i 7Qp9 I Page 4 of 23 SLEC0441 -004 12/01/2008 Rates Fringes ELECTRICIAN I TRANS PORTATION SYSTEMS, TRAFFIC SIGNALS 4 STREET LIGHTINGY Cable Splicer /Fiber optic Splicer .....................$ 39.17 311+11.90 Electrician .................$ 38.57 3 ?.+11.90 Technician ..................$ 28.93 3�+1i.90 SCOPE OF WORK: Electrical work on public streets, freeways, toll-'wayu, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems {CCTVi, Street Lighting anti 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 Communicatlans Svstems, 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 a %cavation, setting, leveling and grouting of precast manholes, vaults, and pull bores including ground rods or grounding systems, rock necessary for leveling and drsinagae 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 jab site, manual excavacian and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunicacion systems. Pulling, terminar.ing and splicing of traffic: signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video /data. ELEC1245 -00I 061131/2OG9 patee Fringes LINE CONSTRUCTION ,U Lineman: Cable si;l a_ez..5 •W .4- 13.11 ;2) Equipment speclali =t +operates CL3Wler tractors, commercial motor ............. bt[p „iwHU wdilLgq�hytigl /swfJes/dacisbacory CA35 .deb ... _._.___. _. x:2112009 Un filed Notes Page 4 vehicles, backhoes, trenchers, cranes (50 tons and below;, overhead 4 underground distribution line equipment) ...........$ 35.52 Ot Groundman ...............$ 27.11 (4) Powderman ...............$ 39.71 11.82 12.23 HOLIDAYS: New Year's Day, N.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day _________ _____ __ __ _____ _- ___-- ___ -___ ELEVO018 -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 Yeats of service, and 6t for 5 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. ENG10012 -003 07101 /2009 Unfiled Notes Page 5 8121/2009 Rates Fringes POWER EQUIPMENT OPERATOR IA11 Other Mork) GROUP 1....................$ 36.83 17.22 GROUP 2 ....................5 37.61 17.22 GROUP 3 .................... 5 3:.80 1712: GROUP 4 ....................$ 39.39 17.22 GROUP 5 .................... 5 40.49 17.22 GROUP E., .................. 39.61 17.22 GROUP 7.-- ... ......... 40.71 17,22 GROUP 8 ....................$ 39.72 17.22 GROUP 5 ....................5 40.$2 17.22 GROUP 10 ....................5 39.84 17.22 . CROUP il....................$ 46.94 1'.22 GFOUP 12....................$ 40.01 17.22 GROUP 1'3 ....................$ 40 -11 17.22 GROUP 14 ....................$ 40.14 17.22 GROUP 15 .................... S 40 -22 11.22 GROUP 15 ....................$ 46.34 19.22 GROUP 17 .................... S 4A.51 17.22 GROUP 18 ....................$ 40.6L 17.22 GROUP 14 ....................$ 4G. -,,2 17.22 GROUP 2 ±' ....................$ 40.84 17.22 GROUP 2i ....................$ 41.01 A7.22 GPOUP 26 ....................5 41.11 11.22 GFOUP 23 ....................S 4i.2e GkOUP 24 ....................$ 41.,4 17.22 GROUP :5 ....................$ 41.51 17.2: POWER EQUIFMENT DPER,ATOP (Cranes, Piledrivinq 6 Hoisting. htlp'{ Arwty. lvdolovlwdol /scafilesldavisbacon4'A35.dvb Unfiled Notes Page 5 8121/2009 GROUP 1....................$ 38.18 17.22 GROUP 2 ....................5 38.96 17.22 GROUP 3 ....................5 35.25 17.22 GROUP 4 ...... .. ............$ 39.39 17.22 GROUP 5....................$ 39.61 17.22 GROUP 6 ....................$ 35.72 17.22 GROUP 7_ ............... _$ 35.84 17.22 GROUP B....................$ 40.01 17.22 GROUP 9 ....................S 40.18 17.22 GROUP 10 ....................$ 41.IB 17.22 GROUP 11 ....................$ 42.18 17.22 GROUP 12 ....................5 43.18 17.22 GROUP 13.................... S 44.18 17.22 POWER EQUIPMENT OPERATOR (Tunnel Work) GROUP 1 ....................5 38.68 17.22 GROUP 2 ....................$ 39.46 17.22 GROUP 3 ....................$ 35.75 17.22 GROUP 4 ....................$ 19.89 17.;,2 GROUP 5 ....................$ 40.11 37.22 GROUP 6_ .................. S 40.22 17.x2 GROUP 7 ....................$ 40.34 17.22 PREMIUM PAY: 53.75 per hour shall be paid on all Power Equipment Operator work on the follonmg Military Rases: 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: $2.00 pax hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile miner operator. SEE ZONE DEFINITIONS AMP. CLASSIFICATIONS POWER EQUIPMENT OPERATORS C.LA.SSIFICATIONS GROUP 1: Bargeman: Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator - inside; Engineer Oiler; Forklift operator (includes load, lull or similar types under 5 tons; Generator operator; Generator, pump or tompre sspr plant operator; Pump operator; Signalaanr Switchman GROUP 2: Asphalt-rubber plant operator lnurse tank operator): Concrete mixer operator -skip type: conveyor operator; Fireman; Forklift operator iinclndes load, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant): Petromat laydown machine: P3U side dum jack: Scxeenang and conveyor machine operator (cr similar types); Skiploader iwheel type up to 3 ?4 yd. without attact:menl•: Tax pot fireman; Temporary heating plant operator: Trenching machine oiler GFOUP 3: Asphalt- rubber blend operator; Bobcat or similar type k$Rid steer,; Equipment greaser track,; Ford Ferqusen !with dragtype artachmentsi; Helicopter radioman tgroundle hIV2` rwww .lvdul.3uvr�sdoVscatilesJdat isbacOn;'C ;A3.S,dvb 8,2F2- 009,.,.,,,_ Unfiled Notes Page 6 Page 7 of 23 Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator: Borman 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 (Texcma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease trucklt Guard rail post driver operator: Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra - hammer -aero stomper; Micro Tunneling (above ground tunnels; Power concrete curing machine operator; Power concrete saw operator; Power- driven jumbo form setter operator; Power sweeper operator; P.o.:k Wheel SaW`Prencher; Roller operator (compacting!; Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser PGrease Truck /Multi Shiftf. GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator Icanal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Deszickman toulfield types; 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 l; Mechanical finisher Operator iconcrete, Clary- Johnson- Sidwell or aimilar ;; Micro tunnel system (below ground); Pavement breaker operator struck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish). rubber -tired earth moon nq equipment (single engine, up to and including 25 yds. struck.); Self - propelled tat pipslining machine operator; 5rrploader operator (crawler and wheel type, over 314 yd. and up to and including 1 -112 yds.1; Slip form pump operator (power driven hydraulic lifting device for concrete forma); Ttactor operator - bulldozer, talnp@r- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar typesi: Tugger hoist operator (1 drum(; Ultra high pressure wateriet cutting tool system operator: Vacuum blasting machine operator GROUP 7: Welder - General GPJUP 8: Asphalt or concrete spreading Operator (tamping or finlshingl; Asphalt pa•nny MOChine :Verdtor !Barber Greene or similar type:; Asphalt- rubber distribution operator; Backhoe ope,dt.r Wr to and including V4 yd.,, small ford, Case or similar; _art -in -place pipe laying machine operator; ComLinaticn mixer and cum;;, essai operator (gunite worki; Compactor operator •self-propelled); Concrete mixer .,.,.-_ hq_ p:! iwww. tvdol, ggvtwdol /scafdes(davisbacon'CA3S.dvb 8/21;2009 Unfiled Notes Page 7 Page 8 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 - Teroma 700, 600 auger or similar types - drilling depth of 60' maxima); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Holman belt loader and similar type: is Tourneau blob compactor or similar type; Loader operator ) Athey, Euclid, Sierra and similar typesi; 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 isingle 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, 1090 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 (5-1/2 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 - bulldoze:, tampet, scraper and push tractor single engines; Tractor operator !boom attachments). Traveling pipe wrapping, cleaning and bearing machine operator; Trenching machine operator (over 6 ft, depth capacity, manufacturer's rating(: trenching Machine with Road Miner attachment (over 6 it depth capacity): Ultra high pressure water}et cutting tool system mechanic. Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Grilling machine operator, Bucket or auger types (Calwald 200 R bucket or similar types - Watson "000 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. ;: P.ubber -tired earth- moving equipment operator (single engine, over 50 yds. struck.); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; P.ubbex -tired earth- moving equipment operator )single engine, over 50 yds, struck:; Rubber tired earth moving equipment operator (multiple engine, Euclid. caterpillar and similar over r-5 yds. and up to 5U ids. struck), Tower crane tepairman: Tiai•tor loader operat�i 1_iawler and wheel type nver E -1l2 yda,); Woods miner operator tand .similar Pugmiil equipments GROUP 11: Heavy Duty Repairman - Helder Combination, Helder - Certitied. htryl:i uww.ivdul.goyiw oltscatilesidavisbacon%CA35.deb 8!21 +3(H19 Unfiled Notes Page 8 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 the 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator: Motor patrol operator (multi- enginel, Pipe mobile machine operator; Rubber -tired earth - moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck3; Rubber -tired self- loading scraper operator (paddle -wheel -auger type self - loading - two (21 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); Scheel excavator operator (over 750 cu. yda.) GROUP 15: Rubber -tired earth - moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds, struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck? GROUP 16: Rubber -tired earth - ]moving equipment operator, operating equipment with push -pull system ;single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to .50 yds. struck) GROUP 17; Rubber -tired earth- snving 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 - Ouad 9 and similar types 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: P.otex concrete belt operator for similar types); Pubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumpr> and similar types in any combination, eYcluding ^omua�crun Lnits - single engine, Caterpillar, Euclid, Ache} W.9cn .,.d similar lopes with any and all attachments ore[ 25 yds.and up to and including 50 cu. yds. strucY.t: Rubber -cared earth- moving equipment opexa Ccr, operating in tardam Is--rapers, belly dumps and similar types an any combination, e.:ludiny compaction units - multiple engine, up to and including 25 yds. struck) .., _ T_..-._. http: �hg�v}, �ydol.:; ovt. vdol /scafilesdavis6aconlC:�.3 ?.J b 8/21P_009 Unfiled Notes Page 9 Page IO4 2 GROUP 20: Rubber -tired earth- moving equipment operator, operating in tandem dscrapecs, 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 2-5 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, etrucki 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: Eubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, RUClid, Athey Wagon and similar types with any and all attachments over 25 yds- and up to and including 50 yds. struck); Rubber -tired earth- moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 yds, struck) GROUP 24: Rubber- tiz'ed 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 Concrete pump operator - true): 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- strucki CRANES. PILEDRIVING AND HOISTING EQUIMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator )includes loed, lull or similar types) GROUP =c Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier Opexatcz ']obsitei GROUP 4: Sridgc -type unloader and turntable opezator: Helicopter hoiat operator GROUP 5: Hydraulic boom truck; Stinger crane 1ivUatin- W)3tern or similar types; Tugger hoist operator ]i drumi GROUP is Bridge crane operator; Cretoi' :.rave operator; Hci<t .,.__ httPiwl. x., vdyilaaovrwdol�scaiilesJdai�shscun ,'CA35 dtb 32 U�009 Unfiled Notes Page 10 operator (Chicago boom and similar type); lift mobile operator; Lift slab machine operator Wagtborg 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 13 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 '' <5 ton capacity}; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator lover 25 tons and up to and including 50 tons mrc): Derrick barge operator lover 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 Lower crane 3 operator maximum lifting capacity ten Cons GROUP 10: Crane operator (over 50 tons and up to end including 100 tons mrcl; Derrick barge operator (over 50 tons up to and including 100 tons into); Hoist operator, stiff legs, Guy derrick or similar type lover 50 tons up to and including 100 tons mrcl, Mobile tower crane operator lever 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator covet 100 ions and up to and including 200 tons mrc(; Decrick 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 700 tons mrc!; Mobile tower crane operator (over 100 tans up to and including 200 tons mrc! GROUP 12: Crane operator iovec 200 tons up to and including 300 tons mrc!: Derrick binge ope"tot !over 200 tons up to and including 300 tons mrci; Hoist operator, stiff legs, Guy derrick or similar type (over ZOO tons, up to and including 300 tons mrc); Mobile toweL crane operator (over 200 tons, up to and including 300 ton=_ mrc! GROUP 13: Crane operator lover 300 tcrs }: Derrick barge operator {over 300 tonsi; Helicopter pilot; Hoist operator, stiff legs. Guy derrick or similar type lover 300 tone); Mobile tower crane operator iover 30u ron.sl TUNNEL CL4SSIF.CAT:0NS GROUP is 5uipliader iwhrel r.ype up Cc 114 yd. without attachment) GROUP L Powet -ducen jumbo farm setter operator ,liwwg•.wd0l.govhvdol;scafi rev "dRlisbacon ?CA35,dcb ., 8121/2009,,,,,,_, Unfiled Notes Page I I GROUP 3: Dinkey locomotive or motorperson 1up to and including 10 tons) GROUP 4: Sit sharpener; Equipment greaser (grease truck): Slip form pump operator (power - driven hydraulic lifting device for concrete forms); Tugger hoist operator (I drum); Tunnel locomotive operator (over 10 and up to antl including 30 tons) GROUP 5: Backhoa operator iup to and including 3(4 yd.); Small Ford, Case or similar: Grill doctor, Grouting machine operator; Heading shield operator: Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types}: Mucking machine operator (1I4 yd., rubber - tined, rail or track. types+ Pneumatic concrete placing machine operator (Markley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator: Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator fever 30 tons) GROUP 5: Heavy Duty Repairmen 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 6 SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County. approximately 3 miles ME of the intersection of 1 -15 and the California State line at that point which is the HE corner of Section 1. T17N,W R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the S0 corner of the N11 IzI of section 6, T27r, 942E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the HE corner of the N 1Lb of the N igsi of Section 6, T255, P42T.. MOM. 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, MON. Continue N along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the $al corner of the SE il�f of Section 32, T24S, 937E, MDK. Continue W along the Kern and Tulare County boundary, until that point which is the MN corner of T25S, R3 ?E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MON. Continue F. to the NW corner of 731S, R31E, MDM. Continues to the sw corner of T32S, R31E, MDM. Continue W to OW corner of SE LEI of Section 34, T32S, R30E, MOM. Continue S to SW corner of T11N, F1 1W, IBM. Continue E al,zng south boundary of T1114, rBM to SW corner of Ti1N, R7W, SBM. Continue S to SW corner of T514, F7W, SEM. Continue E along south boundary of TDH, SBM to SW corner of T914, RIE, SEN. Continue S o1ong west boundary cf FIE, SMB la Ri :e [aide County line at ?!he Sal Corner of Tl ?, RIE, _^EH. continue E along south boundary of Lis, SBM (Fiverside County Line to SW corner of TI$, R10E, ISM. Continue 3 along west boundary of R10E, SBM to Imperial. County line at the SW corner of TBS, PILE, SBM. Continue u along Imperial and Rlver Side county line to :ni http,lwyvw wdoLgov_ ��d�ltsc�levda��isbacgn :'C.a35.d[b 8;'2,1,2009 Unfiled Notes Page 12 -- -- _......... - - - - -._... - -° ....._......._...- . -. _..__Page 13 of 23 - corner of T9S, ROB, Sam. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, Sam to the south boundary of Imperial County /California state line. Fellow 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 Net corner of Section 1, T17N, P.14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SAMTA BARBARA 5 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, M11F1. Continue E to SW corner of T305, R17E, MDM, Continue 5 to SW corner of T31S, RITE, NOM. Continue E to SW corner of T31S, RISE, mom. ' Continue S along West side of RISE, NMI as it crosses into San Bernardino Meridian numbering area and becomes R3057. Follow the west side of R30w, Sam to the Sw corner of T9N, R30M, Sam. Continue E along the south edge of T9N, Sam to the Santa Barbara County and Ventura County boundary at that point whch is the SW Corner of Section 34.T9N, R241,1, SHM, continue S along the Ventura County line to that point which is the SW corner of the SE %4j of Section 32, T ?N, R24W, Sam. Continue E along the south edge Of T7N, SBM to the SE corner to T7N, R21N, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R2117. Continue w along the Ventura County and Kern County boundary to the SE corner of T9N, R'IW. Continue North along the East edge of R21W. Sam to the NE Cornet of T12N, R211•I, SHM. Continue West along rho north edge ct T1.2N, Sam to the $E corner of T32S, R21E, MON. IT12N SBM is a think strip between T11N SHM and T32S moMI• Continue North along the East side of R 21E, MCM to the Kings County and Kern County border at the ME corner of T25S, R21E, Mod, 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 hit corner of T25S, R16E, MOM. $2.00 additional per bout for INYC, and 140HO Counties and the Northern portion of SAN BEF.NAP.DIHO County as defined below: That area within the following Boundary: Begin at the Intersection of the northern boundary of Mono County and the California state tine at the point which is the center of Section 17, T10N, R2ZE, Mt. Diablo Meridian. Continue S than SE along the entire western boundary of Mono County, until it reaches Inyo County at the point wKleh is the NE corner of the W lib of the ITd zl11 of Se.Ll-in TB:., R::SE, MOM. Continue SSE along the entire western boundary of In c County, until the intersection with Kern County at the Otint which is the SW cornea Of the SE 1(�, cf Section 5;, :AS, R3-E, MOM. Continue E along the Info and Kern Ceuta_ boundary ::ntil the intersection with San Bernardino Cotmty at that point which s the SE corner htlp . /:www.IVdDLgog /wdollscatiles davisbaconrCA3? deb W21I2009 Unfiled Notes Page 13 of section 34, T24S, R40E, MDH. Continue E along the Ioys and San Bernardino County boundary until the point which is the NE corner of the N i4h of the h',V lZk of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NN Yiit of Section 6, T27S, R42E, MDM, Continue E in a Straight line to the California and Nevada state border at the point which is the NN corner of Section 1, T1714, R14E, San Bernardino Meridian. Then continue NW along the state line to the Starting point, which is the center of Section 18, TION, R22£, MDM. REMAINING AREA NOT DEPINED ABOVE RECSEVES BASE RATE --------------------------- ------------------------ ENGI0012 -004 08/0172008 - - - - - -' Rates Fringes POWER EQUIPMENT OPERATOR (DREDGING/ (1) Leverman ................$ 43.28 16.47 (2f Dredge dozer............ 8 38.81 16.47 (3) Deckmate ................ S 36.70 16.47 (4) Winch operator (Stern winch on dredgel ........ ....S 36.15 15.41 (5) Fireman - Oiler, Dockhand, Bargeman, Leveehand ...................$ 37.61 16.47 (6) Barge Mate ..............$ 36.22 16.47 --------------------------------------------------------- IROI10002 -004 07/01/2009 Rates fringes Iranworkers: Fence Erector ...............$ 26.50 L5.24 Ornamental. Reinforcing and structural ..............$ 33.00 23.17 PREMIUM PAY: $6.00 additional pet hour at the following locations: China Lake Naval Test Station, Chotolate Mountains Naval Reserve- Niland, Edwards AFB, Fort Irwin Military Station. Fort Irwin Training Center- GVldstone, San Clemente island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - 3eiley, Vandenberg AFB 84.00 additional pee hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, 'fermo Marine Corpa Logistics Center .2.00 additional per hour at the following locations: Port Hueneme, Pott Muqu, U.E. toast. Guard Station - Two Rock .,.,.,.,., ., http ( Ira., iviY. w�pl, �o�hvdoliscptiles +davisbacon:C:A35,dvb Unfiled Notes Page 14 14 Sf2 I r2009 `; LAaoo3oo -00l a7 /al�zoos j Rates Fringes Brick Tender .....................$ 27.17 13.75 ------------------------------------------------------------- VSB00300 -003 07/01/2000 Rates Fringes i LABORER (GUNIT£) i GROUP 1 .....................5 25.79 16.87 GROUP 2 .....................$ 28.84 16.87 GROUP 3_ ....... .......... S 25.30 16.89 LABORER (TUNNEL) GROUP 1 ............. ........$ 30.74 14.04 GROUP 2 .....................$ 31.06 14.04 GROUP 3 ..................... 5 31.52 14.04 I GROUP 4 .....................$ 32.21 14.04 LABORER GROUP 1. .................... 26.33 13."5 j GRWP 2 .....................4 26.88 13.75 GROUP 3 ..................... v" 27.43 13.75 GROUP 4 .....................$ 28.90 13.75 GROUP 5 .....................$ 29.33 13.75 Laborers; GROUP 1 .................... .5 26.33 13.75 GROUP 2 .....................$ 26.88 13.75 GROUP 3___ ............... 5 27.43 13.75 GROUP 4 .....................5 28.99 13.75 GROUP 5 ..................... 5 29.33 13.75 FOOTNOTE: GUNITE PREMIUM PATi Workers working from a Bonn'n's Chair or suspended from a rape 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. Piny 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 at in part more than 75' -a" above base level, that work performed above the 75' -D" level shall be compensated for at 35 cents per hour above the applicable classification sage 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 krick if pexformed by a worker performing any other pnase of denclition work, and the cleaning al rani cr; Face war -she c, limber, brash loader, paler and debris handler: Flag person: Gas, oil andtos water pipeline laborer: Laborer. asphalt- ivbbec material loader; Laborer, general or construction; Laborer, general clean -up: Laboter, landscacirtg; laborer, Setting: Laborer, temporary water and air Linea: Hater_al hose operator hgP. ltltwy.. wdol. uovtwdulrxa }ilevda��isbacon.'CA35.dvb Unfiled Notes Page 15 23 ..._.._..___S,'2 ['2009 Page 16 of 23 (walls, slaba, floors and decksl' Plugging, filling of ghee 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 ion 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer: Chucktender; Chute handler, pouring concrete, the handling of the chute from readymia trucks, such as walls, alabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator idemolitionl; Fine grader, highways and street paving, airport, rgnwayn 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 ismalli; Riprap stonepaver, placing stone or wet sacked concrete: Roto scraper and tiller; Sandblaster [pot tender); septic tank digger and installer(leadi; Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder: Underground laborer, including caisson bellowar GROUP 3: Buggymobtle 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, E -an, pipe and aver, by any method, inside and out; High scaler [including drilling of same 1; Hydro seeder and similar type: impact wrench multi - plate: Kettle parson, 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, 9touting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services: Rack 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; Ccnctet.e saw person, cutting :malls or flat work., scoring cid or new concrete; Cribber, chcret, lagging. sheeting and trench bracing, hand- guided lagging hammer; Head rock elrnyer, Lebuiet, asphal 4- i,:bbet dt,tiib,itot nucl person; Laser beam in connection with laborers' Mork; Oversize concrete vibrator operator, 7) lbs. and o er; Pipelayer pettotming all services in the laying and installation of Pipe ftom the point of rocei;tpg p+pn in the ditr:h until completion of operation, including any and all forms of htlp'/f www.} vdul. voyh�dol/ scafiles (tiavisbacon:CAi5.dvbRh ?OD +1 Unfiled Notes Page 16 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: ilo -joint pipe and stripping of same; Prefabricated manhole installer; sandblaster (nozzle person), water blasting, Porte Shot -Blest 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 mocker, track person; Changehouse person; concrete crew, including rodder and spreader; Dump person; Dump person routside); Swarper (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 (Foe example, but not by way of limitation, shoterete, 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 Shand 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; Sandblasteu Shatz and raise work GU&ITE LABORER CLASSIFICATIONS GROUP 1: Roomer, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LABO0 00 -195 i•9llci ✓�U6 Fa :.es Ftin ?es LABORER PIAUTER CLEAN -9P LABORER .... S 2c. PLASTER TENDER ...............: _____________ _____ ____ _______ __ ____ __ _ ______ hqp ' w vq, rdul_�ovhad�l scatilea.... sbacon'C:4.'+�.dvb Unfiled Notes Page 17 31'' u 13.;9 Page 17 8/2112009 LABOO692 -002 01/01/2009 Rates Fringes Asbestos Rexaxval Laborer ......... $ 24.15 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. LAB01104 -001 07!0112008 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; cacstops; operation of all related machinery and equipment; aquipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of ail traffic lines and maxkings by any method (sandblasting, waterblasting, grinding, etc.1 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 tratfiC delineating devices including traffic cJntr01. This category includes all traffic xelated surface preparation tsandolasting, waterblasting, gsandinyr as pat: of the application process. Traffic protective delineating system installer: removes, relocates, instails, permanently affixed roadside and parking delineation barricades. fe,),aaq, cable anchcr, quard rail, reference signs, monument markers: operation r.t all related machinery and ..._ http:rlwNyw, wdol. goyhrlddrscafil &dncisbacon/C :A35.dvb Unfiled Notes Page 18 ..... Page IS of 23........"._..__` 8i Z 112009 Rates Fringe& Laborers: [HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 27.05 4.40 (2) Vehicle Operator /Hauler.$ 27,22 9.40 (3) Horiroatal Directional Drill Operator ..............$ 29.07 9.40 (4) Electronic Tracking Locator .....................$ 31.07 9.40 Laborers: (STRIPINGFSLURRY SEAL) GROUP l_ ................... $ 27.75 IZ.06 GROUP 1 ... ............ 5 :9.05 12.06 GROUP 3.....................$ 31.06 12.0E GROUP 4 .....................$ 32.90 12.06 LABORERS - STRIPING CLASSIFICATION$ 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; cacstops; operation of all related machinery and equipment; aquipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of ail traffic lines and maxkings by any method (sandblasting, waterblasting, grinding, etc.1 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 tratfiC delineating devices including traffic cJntr01. This category includes all traffic xelated surface preparation tsandolasting, waterblasting, gsandinyr as pat: of the application process. Traffic protective delineating system installer: removes, relocates, instails, permanently affixed roadside and parking delineation barricades. fe,),aaq, cable anchcr, quard rail, reference signs, monument markers: operation r.t all related machinery and ..._ http:rlwNyw, wdol. goyhrlddrscafil &dncisbacon/C :A35.dvb Unfiled Notes Page 18 ..... Page IS of 23........"._..__` 8i Z 112009 Page 19 of 23 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 i related machinery and equipment - PAINOU36 -001 01/01/2008 Pates Fringes Painters: (Including Lead Abatementy 117 Repaint .................$ 26.05 8.54 S2) All Other Work .......... $ 29.32 8.54 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commexcial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036 -008 10101/2008 Races Fringes DRYWALL FINISHER /TAPER......... -.$ 31.64 11.29 _______________________________________`-________-___-________- PAIN0036 -015 06101/2009 plates Fringes GLAZIER ..........................$ 36.90 16.73 FOOTNOTE: Additional $1.2-5 per hour for work in a condor, from the third i3rdk floor and up Additional $1.25 per hour for work on the outside of the building From a swing stage or any suspended rontrivance, from the ground up _________________________________ ________________ __ _____________ PAIN1247 -002 05/01/2004 Plates Fringes SOFT FLOOR LAYER... ...... 30.85 9.54 ___________------- ---- -- -- ------ ----- ------__ -__ -_ -_ PLASOZOO -009 08/06/2006 Rates PLASTERER ........................$ 34.C6 _________ _______ ______ ____ ______ __ ___ ___ PL.AS0500 -002 07101/2007 Rates CEMENT MASON /COMCPETE FIMSEER ... $ ----------------------------------------- PLUW016 -001 07/0112004 Pate.' Fringes 8.03 Fringes Frinyes .., htrp /wlvw�wdol.:tov erdol +stafiles+d�e is6aconK :A35 dvb 82V2009 Unfiled Notes Page 19 PLUMBER /PIPEFITTPR ' (1) Rork on strip malls, light commercial, rehear i improvement and remodel i work ........................$ 26 -84 14.47 (2) Work on new additions and remodeling of bars, restaurant, stores and comnercial buildings not to exceed 5,000 sq. ft. of floor space.... ............ 35.97 15.86 (31 All other work ..........$ 37.10 16.84 ___________________________ _____ ___________ PLUM0250 -002 01/02/2006 __ ____ __ _ _ ___ _, Rates Fringes REFRIGERATION MECHANIC Refrigeration Fitter ........ $ 33.30 13.85 --------------------------------------------------------- PLUM0345 -001 07/01/2009 Rates Fringes PLUMBER Landscape /Irrigation Fitter -$ 26.7'1 13.84 Sewer a 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. ___________________________________ __ ________ _________________ __ SFGADE69 -008 01/01/2009 DOES NOT INCLUDE SAN CLEMENTE ISLAND. THE CITY OF SANTA ANA. AND THAT PART OF ORANGE COUNTY WITHIN -t MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINALEP FITTER ..... ............ S 32.8`.. 16.65 ------------------------------------------------------------ 3FCR9709 -003 01iv112009 SAN CLEMENTE ISLAND, THE Clr' OF SANTA ANA, AIID THAT PART ->F ORANGE !:UUNTY WITHIN 25 MILES BEY ^HE THE CITY LIMITS OF LOS ANGELES: Rates htlP'�' wives. ndoLgavhvdoUpca }ilevidavlsbacun.,CA dvb .' Unfiled Notes Page 20 Fringes 8121i2009 i SPRINKLER FITTER (Fire) .......... $ 38.08 14.75 ---------------------------------------------------------------- SHEEO105 -DO3 07/01/2009 i - GROUP A ....................$ LOS ANGELES (South of a straight line drawn between Gorman And Big Pinestand Catalina Island, INTO, KERN (Northeast part, East of Hwy 395), NANO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES S Rates Fringes i SHEET METAL WORKER GROUP 3....................$ iI! Commercial - New 18.24 Construction and Remodel :6.91 work ........................$ 39.6A 16.78 i2' Industrial work 26.94 18.24 including air pollution GROUP 6 ....................5 control systems, noise 18.24 abatement, hand rails, 21.22 guard sails, excluding GROUP 8 ....................5 aritechtural sheet metal 27.47 18.24 work, excluding A -C, GROUP 9 ....................5 beating, Ventilating 18.24 systems for human comfort ... ---------------------------------------------------- $ 34.24 22.35 .--------------- TEAMOOII -002 07/01/2008 GROUP 11 ....................5 Races Fringes TRUCK DRIVER - GROUP A ....................$ .2.6.44 18.24 GROUP 2 .................... S 26.55 18.24 GROUP 3....................$ 26.72 18.24 GROUP 4 ....................$ :6.91 18.24 GROUP 5 ....................5 26.94 18.24 GROUP 6 ....................5 2E.97 18.24 GROUP I ....................5 21.22 18.24 GROUP 8 ....................5 27.47 18.24 GROUP 9 ....................5 27. o-7 18.24 GROUP Ii ....................$ .^.7. ?7 18.24 GROUP 11 ....................5 .2.8.47 18.24 GROUP 12. .................. 4 28.40 18.24 WORK ON ALL MILITARY BASES: PREMIUM PAY: 55.00 per hour additional. (29 palms Marine Base, Camp Roberts, China Late, Edward. AFB, El Centro Naval Facility, Fort Irwin, George AFB, Marine Corps Logistics Base at Naha i YeYmo, Mountain Warfare Training Centrr, Bridgeport, Point Arguello, Point Conception, Vandenberg AFBi TRUCK DRIVERS CLASSIFICATIONS GROUP 1: TYUCP. dYY /er GROUP 2; Driver of vehicle •.i comb Ina ci on of vehicles - axles; Traffic control pii�t car e;:c:udirg mcvxrq heavy ., .,.., hop; l\ wvw, wdolgv hvdoltscafi{esJda�isbacwLCA35 dlb Unfiled Notes Page 21 8:21/2009 _._ ------ -- .._.. ---- Page 22 of 23 - - - -. -. equipment permit load, Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Hoot 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 tyre persons: 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; 011 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 E: 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, S axles or ever 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 S7K 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 129CFR 5.5 ias it, :ii)}, In the listing above, the "SU- designation means that rates listed under the Identifier do not refAeCt COile<tively bargained :cage and rringa benefit rates. Other designations - r,di.ate ujr nu wnose rates he'+o Veer, determined -�, be pre•: as ing. WAGE DETERMInATICAI APPEALS PPO' -ESs htlp .'11'tvx'.wdoLgovttydOt�gcaf iies+datyisbacynC A35.dvb .,.,, _ _8%21i200.9 Unfiled Notes Page 22 Page 23 of 23 1.) Has there been an initial decision in the matter? This can be: ' an existing published wage determination a survey underlying a wage determination ` a Wage and Hour Division letter setting forth a position on a wage determination matter " a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.1 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 V.S. Department of Labor 200 Constitution Avenue, H.W. Washington, DC 20210 2.; If the answer to the question in 1.1 is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wane and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 71. Write to: Wage and Hour Adadnlstrator V.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 requester considers relevant to the issue. 3.i If the decision of the Administrator is not favorable, an interested party may appeal d_rectly to the Administrative Review Board )formerly the Wage Appeals 2oard!. write to: Administrative Review Board V.S. Department of Labor 200 Constitution Avenue, N.K. Washington, DC 2ti21u 1. All decisions by the Aaministratr-�e Re:aew Board are final. END OF GENERAL DECISION _ T. httpJr' www. tvdol, govJwdol !scafdesPoavisbacon."CA3 >.Jc6 81121 %2009 Unfiled Notes Page 23 i