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C-4301 - Bristol Street North Landscape Improvement Project
Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement Edmund G. Brown Jr., Governor 300 Oceangate Suite 850 Long Beach, CA 90802 y,•"`,°.` 'yf (562) 590-6286 FAX: 562-499-6439 m r City of Newport Beach - City Clerk 3300 Newport Blvd Newport Beach, CA 92663 DA•rE: In Reply Refer to Case No: September 27, 2018 40-32963-335 NOTICE OF COMPLAINT CLOSED PROJECT NAME Project No. Bristol Street North Landscape Improvements - C-4301 0 Prime Contractor Green Giant Landscape Inc. Subcontractor The complaint against the above-named contractor(s) is being closed for the following reason(s): FX Subject firm has satisfactorily paid all prevailing wages and/or penalties found due. The statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections 1720 through 1861) has expired. Information for claimant please note: There are other legal claims which you may still pursue even though the statute of limitations has expired for the Labor Commissioner to enforce the public work provisions of the Labor Code. You may want to review the California Court of Appeals decision in the case of Tippett v Terich (1995), 37 Ca1.App.4th 1517, 44Cal.Rptr.2d 862 and/or consult with an attorney to determine if you may pursue any of the legal actions discussed in the Tippett v Terich decision. There is insufficient evidence to confirm California Public Work Law was violated. Subject firm was not within the jurisdiction of California Public Work Law on this project. 0 Other: STATE LABOR COMMISSIONER LIM 9 David Wong Industrial Relations Renres ntative PW 22 IR.A.d-4rzaoz> 11 September 11, 2013 Mr. Donald L. Henderson Green Giant Landscape, Inc. 941-A Macy Street La Habra, CA 90631 11 .; , Subject: Bristol Street North Landscape Improvements — C-4301 ii'- ll ■- ti- si. On September 11, 2012 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 65 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 September 26, 2012. Reference No. 2012000565326. The Surety for the contract is Philadelphia Indemnity Insurance Company and the bond number is PB 11510400051. Enclosed is the Faithful Performance Bond. Sincerely, 40 - P�- Leilani I. Brown, MMC City Clerk Enclosure • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax. (949) 644-3039 • www.newportbeachca.gov CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 BONA NO. P13 115104 00051 The premium charges on this Bond is $ 6,109.00 , being at the rate of $ Two Percent (2%) thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principal, a contract for construction of BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS, Contrast No. 4301 in the City of Newport Beach, in strict oonformity with the plans, dravAngs, 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. 4301 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity 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 Three Hundred Five Thousand, Four Hundred Sixty and 001100 Dollars ($305,460.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contrail, to be paid to the City of Newport Beach, is successors, and assigns; for which payment wail and truly to be made, we hind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCK that if the Principal, or the Principars hairs, 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 he kept and pelfcxmed 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 faithfuly perform the sane, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shag become null and void. 7D As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enkm the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of 8me, 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 anyway 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 orto 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 formai 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 21st Febru 2012. Philadelphia Indemnity Insurance Company Name of Surety 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety 8)333-5195 Telephone Authorized Agent Signature Linda D. Coats, Attomey-in-Fact Print Name and Title ROTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 71 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange OnTem ,2 i a )2 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Linda D. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ieO, 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. se..... ADEiAIDE C. HUNTER Commission # 1808793 K ,:ffi Notary Public -- California $ $n -s' Orange County Signature ___ M Gomm. Expires Aug 8, 2012 rmPHILADELPHIA INSURANCE COMPANIES • - AMsmMj of McThu+Narine nvnt� PHILADELPHIA. INDEMNITY INSURANCE COMPANY 231 St. Amph's Rd., Suite 100 Bala Cynwyd, PA 19804 -MO - Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby coustinde and appoint: Linda D. Coats & Matthew J. Coats OF Coats Surety Insurance Services, Inc Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bands, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting daily called the I to day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorucy(s) in Fact and authorize the Aaomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seat of the Company thereto; and (2) to remove, at any time, any such Attomay-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so "cooled and ceniBed by facsimile signatures and fmimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18m DAY OF JULY, 2011. rig* t 4'7° ,poanrF� s :1927 .q "`SytVD Pmsidem Christopher J. Maguire ,yrrx.,rar� `a'ra, President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 19m day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEAL711OF PENNSYLVANIA NotadaiBaal kb&*A. KeNdaskl. Newry K610 Lower Madan 'Iwn,A�tqqao� a Ceady w0counisown S h Baa nor. MIA, I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on tiffs 18ro day of July 201 lam tare and correct and are still in full force and effect I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly Warned President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 21St day of February 2012 Crslg P. Kdler Executive Vice President, Chief Financial Officer & Secretary oftidoll°O• CERTIFICATE OF ACKNOWLEDGMENT State of California County of t? On :&,9d//,3— , before me, personally appeared % /+ 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 hetshetthey executed the same in bisthertthevr authorized capacity(ies), and that by his/herhheir 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 ROSlE TOLEDO WITNESS my iai seal. gOLOS COMM. # 1913342 'z ZNOTARY PUBLIC-CALIFORMAM '1 ANGELES COUNTY My Comm. Expires Nov. 15, 2014 S' fN Public �) DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofauechad doc richt) (Tide or description of attached document continued) Number of Pages Document Date (Additional information) - CAPACITY CLAMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Truste4s) ❑ Other 2008Version CAPAvi2.10.07800.87}98[5 www.NotaryCiasseacom INSTRUCTIONS FOR COMPLETING THIS FORM AV oc7alowredgmeva completed M CariJornia marc caaain verbiy8e es-tly as wears above in the normy mcdon or a aepamte mbweder{gnaw jam mint be properly completed mai attacked to than dociammt The any exception is (j a d ictanow is w be recorded ounide of Calybintit be sack insrm m, my alremadve acbaowledgmem verbtoge as may be premed at such a document so tag as rhe verbiage does nm require the noddy to do sometktng dant is d7egaf fa a rwtmy in California ri.e. cutip�ft the authorised copacay of the signer). Pieare chect.rke docwmenfcoVidlyfa proper nomhn wordhgand attach ddajorm fff re vitred. • State and Courcy information most be the State and County where the document sigma(,) personally appeared before the aomry public forackoowled8ment • Date of notimintion must be the data that the signer(s) Personally aptpfewed which must also be the same date the acknowledgment is completed. • Tho notary Public oust paint his or her came as it appears within his or bar commission followed by a ammo andthenyour tide(nuterypmbbe). • Print the narne(s) of document stput(s) who potentially appear at the tie of noavizom • Inriicate the correct Singular or plural forin by crossing off mcomect fortm (i.e. §eishd hey; is lace ) or circling the cnnect farms. Fagore to correctly indicate this information may land m rejection of document recording. • The notary seal impression must be dear and Photographically tea Impression mug not cover tar or docs. If said impression smudges, roc -seal if a sufliciem area pmnils. otherwise complete a diftwom acknowledgmant form • Signahuc of the mlm'y puldic must match the signature on fide with the office of the camy clerk. O Additional mtiatim ion a tet rationed bete. could bdp to eosma tha is not misused or attaded to adiHwwt document 4 IndicatetWe "VAX of atmrbod document, number ofleges and data. @ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFA, CFO, Saaewy). • Secmmty attach ads document to the signed document SECTION 14. FEDERAL, REQUIREMENTS FOR FEDERAL. -AID CONSTRUCTION PROJECTS GENERAL.—The work hereinproposed will be financed in whole or in pair with Federal fimds. and therefore all of the statutes. miles and regulations promulgated by the Federal Gov- <rmncau and applicable to work financed in whole or in part with Federal fimds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Wherever in said required contract provisions references are made to "SHA contracting officer", "SHA resident enginecC, or "authorized representative of the SHA", such references shall be construed to ricer, "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section IL 'Nondiscrimination" and Section VII, "Subletting or Assigning the Contract." of the re - Ured contract provisions, the Contractor shall comply with the fowing: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in execss of $10,000 will be considered corder the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the, proposed subcontractor. NON -COLLUSION PROi'ISIO.N'.—Thc provisions in this section are applicable to. all contracts except contracts for Federal Aid Secondary projects. Tide 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal HlggInvay Administintor of the contract for this %voile that each bidder it, a sworn statement executed by, or on behalf of the person, Inn, association, or corporation to whom such conhact is to be awarded certifying that suchperson, frni, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, See. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- 'T'ERPRISES IN SUBCONTRACTING. Part 26, Title 49. Code of Federal Regulations applies to this Federal -aid project. Pcrtirwin sections of said Code are inewpomted in part or in its entirety within other sections of these special provisions. Schedule B—Information for Determitung Joint Venture Eli- gibility M (This lot= need not be filled in if all joint venture £inns are minority owned) FRA 1. Name ofjoint venture 2. Address of joint venture 3. Phone munber of joint venture 4. Identify the firms, which comprise the joint venuire, (The MBH partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non =MBE joint venturer: 5, Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of MBE ownership? _ 8. Ownership of joint venture: (This need not be filled in if described in the joint ventme agreement. provided by question 6.). FLmml 3-95 OM7-95 11 a. profit and loss sharing. b. Capital contributions, inchiding equipment. c. Otter applicable ownership interests. 9. Control of and participation in this contract. Identify by anme, race, sex, and "firnn" Lose individuals (and their titles) who are responsible for day-to-day management and policy decision-making. including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hating and firing of management personnel 4, purchasing of major items or supplies c. Supervision of field operations Note.—IC, after filing this Schedule E and before the comple- tion of the joint venture's work on the contract covered by this regguielation, there is any significant change in the information subr ited, the joint venture must inform the grantee, either di- rectly or through the prime contractor if the ,joint venture is a Subcontractor. Affidavit "The undersigned swear that the foregoing stateosents are cor- rect and include all material infonnadon necessary to identify and explain the terms and operation of our joint venture andthe intended participation by each joint venturer in the undertaking. Rather, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefore and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of die grantee or the Federal finding agency. Any material nusreFresentation will be grounds for terminating any contract which may be awarded and for initiating action trader Federal or State laws concerning false statements." Revised 345 OS -07-95 W FR -2 13 ......._............................................................................................. Name of Firm Name of Firm ............................................................................................ ......... Signature Signature ................................................................................... Name Name ................................................................... **........ ..... Title Title Date Date Date State of _ County of on this ____ day of . 19 before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- diiih, and did state that he or she was properly authorized by (Nanc of firm) to execute the affidavit and did so as his or her five act and deed. Notary public Conuuiasiou expires [Seal] Date State of County of On this —day of . 19 = before me appeared (Name) to me personally kaown, who, being duly sworm did execute the foregoing af6dacit, and did state that he or she was properly authorized by (Name of fun) to execute the affidavit and did so as his or her flee act and deed. Notary ptrblic _ Cotnmissiou expires [Seal] ! 0 RE LRRED CONTRACT PROVISIONS FEDE AID CONSTRUCTIQN CONTRACTS (Exclusive of Appalachian Contracts) ATTACI MF,NTS A. Employment Preference fain Appalachian Contacts (included in Appalachian contracts only) GYNERAL I. These contact provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and finther re- quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any caro. 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 tems- nation of the contract. 4. A breach of the following clauues of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV. paragraphs 1, 2, 3, 4, and 7: Section V. paragraphs 1 and 2a through 2g, 5. Disputes arising out of the lab" standards provisions of Section IV (except paragraph 5) and Section V of dose Required Contract Provisions shelf not be subject to the general disputes clause of this contract. Such disputes shall be resolved in actor - donee with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6. and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. W 6. Selection of Labor: During the performance of this contract. the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ conviet labor for nay purpose within the limits of the project unless it is labor performed by convicts who are on Parole, supervised release, in probation. if. NOATIISCREUITgATTON, (Applicable to all Federal -aid construction contracts mrd to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment Zamty (EEO) requirements not to discriminate and to take ative action to assure equal opportunity as set forth under laws, executive orders, Hiles, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescalied herein, and im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affiannive, action standards far the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60.4 and the provisions3 of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract. the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA.) and the Federal Government in carrying out EEO obh- prices and in their review of his/her activities under the con- tract. b. The contractor will accept as his operating policy the following statement: 'It is the palicv of this Company to assure that applicants are employed, and tAar employees are treated during employment, xdthont regad to their race, religion, sex, color, national origin, age or draabiliry: Such action shall include: employmumt, upgrading; demotion, or transfer; recruitment or recruitment nd- vertising; layoff or termination; rates of pay or other forma of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively FR -3 Farm 1273-8e%,ned 3-95 0"7-95 Page I. Oeneral... ........................................... ---- ............... 3 11 Nondiscrimnration...................................................... 3 III. Nonsegregated Facilifies.............................. 5 W. Payment of Predetermined Minimum Wage .............. 6 V. Statements and Payrolls ...-- ...................................... 8 VI. Record of Materials„ Supplies; and Labor .................. 9 VIL Subletting or Assigning the Contract .......... ............ ... 9 VAI. Safety: Accident Prevention--.- ............................. 10 IX. False Statements Concerning Highway Project.......... 10 X. Implementation of Clean Air Act and Federal I'Vater Pollution Control Act .............. ......... --- .................... 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ....................... 11 XII. Certification Regarding Use of Contract Funds for Lobbying_................................................................- 12 ATTACI MF,NTS A. Employment Preference fain Appalachian Contacts (included in Appalachian contracts only) GYNERAL I. These contact provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and finther re- quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any caro. 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 tems- nation of the contract. 4. A breach of the following clauues of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV. paragraphs 1, 2, 3, 4, and 7: Section V. paragraphs 1 and 2a through 2g, 5. Disputes arising out of the lab" standards provisions of Section IV (except paragraph 5) and Section V of dose Required Contract Provisions shelf not be subject to the general disputes clause of this contract. Such disputes shall be resolved in actor - donee with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6. and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. W 6. Selection of Labor: During the performance of this contract. the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ conviet labor for nay purpose within the limits of the project unless it is labor performed by convicts who are on Parole, supervised release, in probation. if. NOATIISCREUITgATTON, (Applicable to all Federal -aid construction contracts mrd to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment Zamty (EEO) requirements not to discriminate and to take ative action to assure equal opportunity as set forth under laws, executive orders, Hiles, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescalied herein, and im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affiannive, action standards far the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60.4 and the provisions3 of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract. the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA.) and the Federal Government in carrying out EEO obh- prices and in their review of his/her activities under the con- tract. b. The contractor will accept as his operating policy the following statement: 'It is the palicv of this Company to assure that applicants are employed, and tAar employees are treated during employment, xdthont regad to their race, religion, sex, color, national origin, age or draabiliry: Such action shall include: employmumt, upgrading; demotion, or transfer; recruitment or recruitment nd- vertising; layoff or termination; rates of pay or other forma of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively FR -3 Farm 1273-8e%,ned 3-95 0"7-95 11 administering and pronwting an active conhacfor program of EEO and who must b assigned adequate amhority mad responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff whom authorized to hire, supervisc, promote, and discharge employees, or who recommend such action. or who are substantially involved in such action, will be made fully cognizant of, and will implement, the coutractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment To ensure that the above agreement will be met, the following actions will be taken as a tninnnmu: 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 inrpleirwitationwin be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officcr, covering all =lot aspects of the contractor's EEO obligations within thirty days following thein reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the pmject 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 be placed in areas readily accessible to employecs, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to im- plemem such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising fox, employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority, groups in the area four which the project work force would normally be derived. a. The 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 group applicants. To meet this rcgnirement. #hc contractor will identify sources of potential minority groinp employees, and establish withsuch identified sources procedures whereby minority group up licants may be referred to the contractor for employment consintion. b. In the event the contractor has a valid bar string agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements has the effect of discriminating; against minorities or nomeu, or obligates the contractor to do the same., such implementation violates Executive Order 11246, as ameodrd) C, The contractor will encourage his present employees to Form 1273—Revised 3-95 OM7-95 52 P refer uniamity group applicants for emgrloyment. Infomtation and procedtves with TeEanl to referring minority group applicants will be discussed with employees. 5. personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to ice, color, religion, sex, national origin, age or disability. The following procedures shall be followed: FR -4 a, The contractor wall conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of protect site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in deptb to determine whether there is evidence of discrimination, Where evidence is found, the contractor will promptly take corective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such eorectivc action shall include all affected poisons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and promotion: a. The contractor will assist in locating. qualifying, and increasing the skills of minority group and womenemployees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regukahom, the contractor shall make full use of training prozrams is., apprenticeship, and on-the-job training programsof r the ge- ographical area of contract performance. Where feasible, 25 percent of npprentices or trainces in each occupation shall be in their first year of apprenticeship or training In the event a special limvision for training is provided under this contract, this subparagraph will be superseded as indicated in the special c. The Contractor will advise employees and applicants for employment of available training programs and entrance re- qu rcments for each. d. The contractor will periodically review the training and promotion potential of minority group and womca employees and will encourage eligible employees to apply for such training and prornotiou. 11 7. Unions: If the contractor relies in whole or in part uxppoon unions as a source of employees, the contractor will use hi& er 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 contractr either directly or through a contractor's association acting as agent will include the procedures set forth below; a. The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifyittg more minority group members and women for nxmbetshipp in the rn ouns and increasing the skills of minority pmrp employtes and women so that they may qualify for higher paying entployment_ b, The contractor will rise best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer a licants 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 famish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without reeard to race. color. religion, sex, national origin, age or disability; making full efforts to obtain qualified andior qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that die union with which the contractor has a collective bargaining agreement providingg for exclrrsive referral failtd to refer nninnrn'ity employees.) hr the cont the cation referral pram tice to nts the comractor from meeting the obligations pursiant to Executive t3rder t 1246, as amended, and these special provisions, such connector shall immediately notify the SHA. S. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin age or disability in the selection and retention of subcontractors, including procuremcut of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and supplies of his/her EEO obligations trader this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 26, shall have ectal opportunity to corv(ncte for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female rgirestmation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. a 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 53 records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of dote years following completion of die contract work and sball be available at reasonable times and places for inspection by an- 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 trade in cooperation with unions, when applicable, to increase errnployment op. portunities for minorities and women; (3) The pm�ress and efforts being Made in lmating, hiringg, trmimng, qualifying, and upgrading minority and female employees; and (4) The progress mid efforts being, trade in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data, III NONSEGREGATED FACILITIES (Applicable to all Fcdeml-aid construction contracts and to all related subcontracts of $10,000 or more.) - FR -5 a. By submission of this bid, the execution of this conimot m subcontract, or the consummation of this material sttpplpp agreement or purchase order, as appropriate, the bidder. Fedeal- md construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, mrd that the firm does not pemnit its employees to perform their services at any location, trader its control. where segue@ated facilities are maintained. The thin agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b,As used in this certification, the term "segregated facilities" means any waiting roonns, work meas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker moors, mid other storage or dressing areas. parking lots, drinking fountains, recreation or catertainnrent areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or me, in fact:. seg- rcgated on the basis of ince, color, religion,. national origim, age or disability, because of habit, local custom, or othenvisc. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Foam 1273—Revised 3.95 0"7.95 El c The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or connmunation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF RACE MNIMUM (Applicable to all Federal -aid construction contracts exccedina $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which aux 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 subsegqrrwent deduction or rebate on any account [except such payroll dednetions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The paymam 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 my contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination, (including say additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Fora, FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work ina prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics arc considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof Also. for the pm se of this Section, regular contributions made or casts memred for more than a wcdly period at not less often than quarterly) under plans, finds. or programs, which cover the particular weekly period, are deemed to be corstructimly made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage deter - mutation 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 mote than one classification may be compensated at the rate specified for each classification for the time actuallywokcd therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. Fara 1273 — Revised 3-95 0947-95 M FR -6 11 2. Classlticattom a. The SHA couhacting officer sball require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have beenmet: (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) thepproposed wage rate, including any bona fide fringebenefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c, if the contractor or subcontractors, as appropriate. the laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives, arui the contracting officer agree on the classification and wage rate (including the amour designated for ftinge benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrmo of the Wage and Hour Division.. Employment Standards Administration. Washington. B.C. 20210. The Wage and Hour Administrator. or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notithe contracting officer within the 30 -day period that a ditional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hon Administrator for determination. Said Administrator, or an authorized representative. will issue a determination :within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant toparagraph 2c or 2d of this Section TV shall be paid to all workers performing work in the additional classification from the first day on which work is perffomed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the can - tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bana fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his!her fust 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program. but who has been certified by the Bureau of Apprenticeship and Tminin@ or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to joumeymam-level employees on the job site in any craft classification shall not be "ter than the ratio permitted to the contractor as to die entire work force under the registered program Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually peforned. In addition, anp apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor 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 journeymandevel hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in fie registered program for the apprentice's level of propos, expressed as a percentage of the joumeyman- level hourly rate specified in the applicable wage detexuination. Apprentices shall be paid fringe benefits m accordance with the provisions of the apprenticeship prop n i - If the apprenticeship program does not specify fringe benefits, agrennces must be paid the fill amount of fringe benefits hated ou the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. FR -7 55 • (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an a cnticcship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (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 fonnal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to jo the job site shall not be greater rate who is not pproved by the rate In any tramee pefformng wont on me Job site n': ratio permitted under the registered program sh less than the applicable wage rate on the wage for the work actually performed. (3) Every trainee must be paid at net las than the rate specified in the approved program for his,her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of f inge benefits listed on the wage determination unless the Administrator of the Wage and How Division determines that there is an apprenticeship program associated with the corresponding joumeymm-level wage rate on the wage 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 event the Employment and Training Adminis. tration witlidraws approval of a training program, the con. tractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. C. Helpers: Helpers will be pennitied to svo k on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section I4.2. 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 the wage determination for the classification of work actually performed. Fomi 1273—Fe ised 3.95 0847-95 1] 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skW traiamg programs which have beta certified by the Secretaryry of Transportation as ptnmcting EEO in connection with Federal -aid lughway construction programs are not subject to the requirements of paragraph 4 of this Section M The straight time hourly wage rates for mires and trainees under such programs will be est ab3'shed the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the temu of the particular program. 6. Withholding: The SHA shall upon its ow'a action or upon written request of an authorized mpresemative of the DOL withhold car cause to be withheld, from the contractor of subcontractor under this contract or any other Federal contract with the sane prime contractor, or any odeFederally-assisted contract subject to Davis -Bacon prevailingr wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the frill amount of wages r'cgnhed by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working Car the site of the work, all or pmt of the wages required by the contract, time SHA contracting officer may, after written notice to the contractor, take such action as may be neeessary to cause the suupensian of any further payment, advance, or guarantee of fiords rmnl such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for anypart of the couhact work which may require or nav-olve the employment of laborers, mechanics,. watchmen, or guards (including apprentices. trainees, and lelpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman. or guard in nay workweek in which he'she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, orgt receives compensation at a rate not less than one -and -ane -half tidmes his/her basic rate of pay far all hours worked in excess of 40 hours in such workweek. 9. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor respomible thereof shall be liable to the affected employee for histher unpaid wages. In addition such contractor mud subcontractor shall be liable to the United States (in the case of work done trader contract for the District of Columbia or a territory, to ,such District or to such territory) for ligtridatcd dmrages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman,. or guard employed in violation of the clause set forth in paragraph 7, in the stun of $10 for each calendar day on which such employee wm req/tired or permitted to work in excess of the standard work week 1140 boors without payment of the overtime mages required by the clame set forth in paragraph 7. Foan 1273—ltevis d 3-95 08-07-95 W 9. Withholdlug for UMpald Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Rows and Safety Standards Act, Much is held by the sane prince contractor', such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor far unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. SFATE'NIFN''TS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, excapt for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payrwll Records: FR -8 a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the coarse of the work and preserved for a period of 3 years from the date of completion of the contact for all laborers. mechanics, apprentices, trainees, watchmen, helpers, and guards wonting at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages pard (including rtes of contributions or costs anticipated for bona fide fringe benefits or cash egiusaleat thereof the types described in Section I(b)(2)(B) of the Davis Bacon Act); daily and weekly number of boars worked: deductions node; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or docs not. normally reside hu the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Sec- tion rv, paragraph 3b, has found that the wages of any laborer or mcchanic include the amount of any costs reasonably anticipated in providing benefits under a plan mr program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontmetor• shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plat or program has been communicated in writing to the laborers or Mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shet maintain written evidence of the registration of apprentices and traimees, ami ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any Contract work is performed. to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Sccriou IV, paragraphs 4 and 5, and watclnucu and guards cn- gaged on work during the preceding weekly payroll period). 77tc payroll submitted shall set out accurately and Completely all of the information required to be maintained ander paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029.005-0014-1). U.S. Government printing Office. Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliarxc" signed by the contractor or sub- contractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow7ng: (1) that the payroll for the payroll period contains the information required to be maintained wider paragraph 2b of this Section V and that such information is correct and complctc; (2) that such laborer in, mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been pard the full weeklyg wages earned, without rebate, either directly or indnecfly, and that no deductions have been made either direct, rectly or indirectly from the full wages carred, other than permissible deductions as set. forth in the Regulations, 29 CFR 3; (3) that each taborer or mechanic has been paid not less that the applicable wage rate and fiinge benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination 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 tic requirement for submission of the "Statement of Compliance' required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under IS U.S.C. 1001 and 31 U.S.C. 231. The contractor or subcontractor shall make the records re - jailed under paragraph 2b of this Section V available for fi spec - tion, copying, or transcription by authorized representatives of the SHA, the FHIVA, or the DOL. and shall permit such representatives to interview employees during working hours on the job. If the contactor o• subcontractor fads to submit the re- quired records or to make them available, the SHA, the FHWA, the DOL, or all tray, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be nec- cssary to cause the suspension of any fiudmcr payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available 57 may be grounds for debarmcnt action pursuant to 29 CFR 5.12. IT. RECORD OF 4IATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings. those which are constrcted on a force account or direct labor basis, highway beautification contracts, and contacts for which the total final construction cost for roadway and bridge is less than 51,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Farm FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work wider this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Finnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph Ib relative to materials and supplies, a final labor summary of all contact work indicating the total hours worked and the total amount earned. 2, At the prime contractor's option, either a single report coveting all contract work or separaterepaits for the contractor and for cacti subcomract shall be submitt d. VH. SUBLETTING ORASSIG-KING 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 pnfonned by subcontract and the amount of any such specialty items performed may be deducted ham the total original contact price before computing the amount of work re cured to be performed by the contractor's own organization (23 CFR 635). FR -9 a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contactor, with or without operators. Such term does not include enaployees or equipment of a subcontractor, assignee, or agent af'the prime Contactor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knmaledgc, abilities, or equipment cwt ordinarily available in the type of contracting organizations qualified and expected to bid out the contract as a whole and in general ane to be limited to minor components of the overall contract. Fain 1273— Revised 3-95 09-07-95 11 2. The contract amrnmt upon which the regnimncuts set forth in paragraph I of Section VII is computed includes the cost of material and manufactured products, which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall inrush (a) a competent supetintendeat or supervisor who is employed by the film, has full all to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who perfomrs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contmetina officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting otticer. or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime coutmot. 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 officer ma determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the Performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a 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 walk in surroundings or under conditions which are umsatdtary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have tight of envy to arty site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Homs and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure highquality 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 workers on Federal -aid highway pro ccts, it is essential that all persons concerned with the pniect perform their functions as carefully, thoroughly, and honestly as possible- Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal laws. To prevent any misunderstanding rc- form 1273—Revised 3-95 0947-95 0 garding the seriousness of these and similar sets, the following notice shall be posted on each Federal -aid hi way project (23 CFR 635) in one or more places where it is rca y available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FFDERAL-AID HIGHWAY PROJECTS I8 U.S.C. 1020 leads as follows: "Whoever being an officer, agent or employee of the United Stat", or arm State or Territory, or whoever whether a person, association, firm, or corporation, knouiagly makes any false statement, false representation, orfalse report as to the character, qu ahiy, quantity, of cost of the material used in, to be used, or the Santity or quality of the rvork performed or to be performed, or a cost thereof in connection with the submission of Flom, maps, specicahour, contracts, or costs of consnrcfian on any highway at- related project submitted for approval to the Secretary of Transportation,- or Whoever- knowingly makes any false sratement false repre- sentation, false report or false claim with respect to the character, rattly; quantity•, or cost of any work performed or to be per- ,fiarted, or materials frtirishad or- ro be furnished, in connection with the construction of arry highuay or related paject approved by the Secretary. of Trar+sporsarion,- or Whoever knounigly makes any false statement or false repre- sentation as to material fact in ally statement, cer'ti ate, at- report submitted pursuant to provision of the p'odera id Roads Act papproved July 1, 1916, (39 Stat. 355), as amended and sup- ememed, Shall be fined not more that $10,000 or imprisoned not more than 5 wars or both." X. IDIPLE11E1VTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid coastructiou contracts and to all related subcontracts of $100,000 or more.) By suhmission of this bid or the execution of this contract, or subconnaet, as appropriate, the bidder, Federal -aid construction coatractor. or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contact, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604). and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the 11,5, Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the film agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidciincs listed thcreu adcr. 3. That the firm shallpromptly 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 0 for the contract is under consideration to be listed on the EPA List of Violating Facilities, 4. That the flim agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quiremems. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Imtructious for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal. the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessardy result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it camtot provide the certification set out below-. The certification or explanation will be considered in connection with the department or agency's defemination whether to enter into this transaction. However, failure of the Mod= primary participant to furnish a certification or an Modauaticu shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency, determined to enter into this transaction. If it is later deternuxed that the prospective p 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 p participant shall provide im- mediate written notice tothe epartment or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed C1rCUmatallCta. e. The terms "covered transaction," "debarred," "suspended," ':ih ible," "lower tier eac0 ' trmsaction," "participant," "person " ,•primary cmered transaction," "principal," "propasai " and "valum11y 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 department or agency to which this proposal is 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 enter into any lower tier covered transaction with a person who is debarred. suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency enteting into this transaction. FR -11 59 0 g. The prospective primary partiei)tail further 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 tma ctroms. 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, or voluntarily excluded from the covered transaction, unless it !mows that the certification is erroneous. A participant may decide the method and ficiluency by which it determines the el- igrbility of its principak. Each participant tnay, but is not required to, check the noupronuement portion of the "Lists of Parties Excluded From Federal Procurement or Noupreemement programs-" (Nonpmcumment List) which is compiled by the General Services Administration. i. Nothing contained in the foregamg shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge, and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly caters into a lower tier covered transaction with a person who is suspended, debarred. ineligible, or voluntarily exchrded bion participation in this trinsaction. in addition to other remedies available to the Federal Government, the de- partment or agency may terminate this transaction for cause or default. waaaa Certification Regarding Debarment, Suspensiou, Ineligibility and voluntary Exclusion—Primary Covered Transactions 1. The prospective )urinary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded ficin covered transactions by any Federal department or agency: b. Have not within a 3 -year period preceding this pzOmni been convicted of or had a civil iudgment rendered against them 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 statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses einunaated in paragraph ib of this certification; and Foam 1273 —Revised 3.95 08-07-95 d. Have not within a 3 -year period preceding this ap- plicatioulptoposal had one or more public transactions (Fedcml, State or local) temunzted for cause or defarilt. 2. Where the prospective primary participant is unable to certify to any Of the statements in this certification such prospective participant shall attach an explanation to this Proposal. x>ti rx 2. Instructions for Certification - Lower Tier Covered Trausnetions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR29) a. By signing and suburittttuurrgg this proposal, the prospective lower tier is providing the cer iSeation set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this hmusaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated my pursue available rernedics, including suspension am `od r debammot, c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant teams that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," «suspended," "ineligible," "primary covered transaction," "participant " "person; " "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of mics implementing Executive Order 12549. You may contact the Pierson to which this proposal is submitted for assistance in obtaining a copy of those mgulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the depattmcnt or agency with which this transaction originated. f The prospective lower tic' participant further agrees by submitting this proposal that it will include Amis clause titled "Certification Regarding Debammeat, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lawet• tier covered transaction that is not debarred, suspended. ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant my decide the method and frequency by which it deterar es the el- igibility of its principals. Each participant may. but is not Fara 1273—Revised 3-95 08-07-95 0 required to, check the Nouprocurmsent List. IL Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The larowledge 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. L Except for transactions authorized under paragraph a of these instnutions, if a participant in a covered transaetion knowinglyy enters into a lower tier covered transaction with a person maho is suspended, debarred, ineligible, or voluntarily axcluded from participation in this transaction, in addition to other remi ics available to the Federal Government, the dc- pariment or agency with which this transaction originated may pursue available remedies, including slmspevuon and`or debarment. bikdk Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions L The prospective lower tier partncipant certifies, by submission of this proposal, that neither it nor its principals is presently debanre susppeenuded, proposed for dcbanncnt, declared ineligible, or voluntarilexcluded fiom paiticipadon in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. acne: XII. CERTIFICATIONREGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid constriction contracts and to all related subcontracts which exceed $100,000 - 44 CFR 20) 1. The prospective participant certifies. by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal a ppimprinted funds have been paid or will be paid, by or mi behalf of undersigned, to any person for influencing or attempting to influence an officer or em loyce of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Coness in connection with the mvarding of any Federal contract, making of any Federal grant; the making of any Federal loan. the entering into of any cooperative agreement, and the extension continuation, reaewal, amendment, or modification of any Federal contract, grant, low. or cooperative agrecmcat. b. If any foods other than Federal appropriated funds have been paid or will be paid to any pe run for inflruacing or attempting to influence an o cer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, FR -12 ED 0 gram, loan, or operative agreement, the undersigned shall be subject to a civil penalty of not less than. $10,000 and not more complete and submit Standard Form -LLL, "Disclosure Form to than $100,000 for each such faihue. Report Lobbying," in accordance with its instructions, 3. The prospective participant also agrees byy submitting his or 2. This certification is a material representation of fact upon her bid or proposal that he or she shall requue submitting the language of which reliance was placed when this transaction was made or en- this certification be included in all lower tier subcontracts, which tered into. Submission of this eertifieation is a ,prerequisite for exceed $100,000, and that all such recipients shall certify and making or entering into this transaction imposed by 31 U.S.C- disclose accordingly. 1352. Any person who fails to file the required certification shall FEDERAL-AII1 FEMALE AND MINORITY GOALS 1n accordance with Section A. —Nondiscrimination," of 177 Sacrameatn, CA: "Required Contract Provisions Federal -aid Construction Contracts" the following are the goals for femhale utilization: SMSA Counties: 6920 Sacramento, CA.— .............................. 16.1 Goal for Women nationwide ercent 6.9 CA Placer; CA Sacramento; (applies ) ..............{p ) ......... CA Yolo. The following are goals for minority utilization: CALIFORNU, ECONOMIC AREA 174 Redding, CA: Non -SMSA Counties ....... ,-..,. CA Lassen; CA Modoc; CA Plumes; CA Shasta; CA S"iyow 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 - Mummy, CA.... ......... .__.................. ..-... CA MoWerey. 7360 San Francisco-Oaklamd. CA--- ........ CA Alameda; CA Contra Costa; CA. Manu; CA San Francisco; CA San Mateo. 7400 San Jose, CA ........................................ CA Santa Clam. 7485 Santa Cruz. CA.- ... CA Santa Cnrz. 7500 Santa Rosa, CA-- .... -- ........................ CA Sonoma. 8720 Vallejo -Fairfield -Napa, CA ................. CA Napa; CA Solano Non -SMSA Counties -.......... ......................... CA Lakc; CA Mendocino:. CA San Bcnito. Goal (Percent) Non-SA2SA Counties......._.._............. .—...... .. 14.3 CA Butte; CA Colusa: CA El Dorado: CA Glenn: CA Nevada; CA Siena: CA Sutter„ CA Yuba. 178 Stockton -Modesto, CA: 61 FR -13 F=1273—Re iced 3-95 0"7-95 SMSA Counties: 6,8 5170 Modesto, CA,.__._ ......... _.................. 12.3 CA Sumislaus. 8120 Stockton, CA ...................................... 24.3 CA Sark Joaquin. Non -SMSA Counties ........................................ 19.8 CA Alpine; CA Amador, CA Calavems; CA Mariposa; 6.6 CA Merced: CA Tuolumne. 179 Fresno -Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA .................................. 19.1 CA Kern. 2840 Fresno, CA...... ............ ....... 26.1 28,9 CA Fresno, Non -SMSA Counties .......... _...........................: 23.6 25.6 CA Kings; CA Madera; CA Tulare. 180 Los Angeles, CA: 19.6 SMSA Counties: 14.9 0360 Anaheim -Santa Ana -Garden Grave, CA--- ............ ------- ......... - ... 11.4 9.1 CA Orange. 4480 Los Augcics-L.ong 17.1 Beach. CA..,.,... ....................... --- .... ... 28.3 CA Los Angeles. 6000 Oxnwd-Simi Valley - 23.2 Ventura, CA.... ........ ... --------------- .,..._......... 21.5 CA Ventura. 61 FR -13 F=1273—Re iced 3-95 0"7-95 A 6780 Risrrside-Sass Bernardino. Ontario, CA.................... --- ................... 19.0 CA Riverside; CA San Bernardino. 7480 Santa Barbara -Santa Maria. Lompoc, CA ............................................. 19.7 CA Santa Barbara. Non -SMSA Counties ........................................ 24.6 CA Inyo; CA Mono; CA San Luis Obispo. 18I San Diego, CA: SMSA Counties 7320 San Diego, CA-- ............................... 16.9 CA San Diego. Non -SMSA Couaties........................................ 18.2 CA Imperial. It addition to the reporting re uimments set forth elsewhere in this contract the Contmctor and subcontractors holding subcontracts, not including material suppliers; of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Fonn FHLVA PR -1391 (Appendix C to 23 CFR Part 230), and in accordance with the instructions included thereon. Fain 1273 — Beaked 3-95 ow -93 FR -14 *" OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC December 4, 2012 Mr. Donald L. Henderson Green Giant Landscape, Inc. 941-A Macy Street La Habra, CA 90631 Subject: Bristol Street North Landscape Improvements- C-4301 Dear Mr. Henderson. On February 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 60 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 September 26, 2012, Reference No. 2012000565326. The Surety for the bond is Philadelphia Indemnity Insurance Company and the bond number is PB 115104 00051. Enclosed is the Labor & Materials Payment Bond. Sincerely, C � Leila 11. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 " Fax: (949) 644-3039 • www,city.newport-beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 BOND NO. PB 115164 00051 Premium: Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to Green Giant Landscape, Inc., hereinafter designated as the °Principal,° a contract for construction of BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS, Contract No. 4301 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. 4301 and the terns thereof require the furnishing of a bond, providing that if Principal or arty 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, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of Cal€fbmia, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Five Thousand, Four Hundred Sixty and .00!100 Dollars {$305;460.00} lawful money of the united States of America, said sum being equal to 100°/0 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, successor, 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. 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 Califomla. And Surety, for value received, hereby stipulates and gees that no change, extension of time, aftembons 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 terns of the Contract or to the work or to the specifications. In the evert 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 execrated by the above named Principal and Surety, on the 21st February 2012. C Sail^in 8. -en(Vn--o Green Giant Landscape, Inc. (Principal) lorized Signature! t fFle Philadelphia Indemnity insurance Company Name of Surety Authorized Agent Signature 2600 West Olive Ave., 5th Floor, Burbank, CA 91.505 Linda D. Coats, Attorney -in -Fact Address of Surety , Print Name and Title (818)333-5195 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M , R4AM1§"1Vk6 State of California Countyof Orange On Lf L✓ YV Al ]� ' -1 , U 17- before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Linda D. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he> sheFduy executed the same in hisAherftheir authorized capacity(4001 and that by hisfherh4mir signature(s) on the instrument the person f o, 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 scat. Signature 43&" v � ADELAIDE C. HUNTER COmmission # 1808793 Notary Public-- California Orange County VY Carom pf�g 8, 2012 PHILADELPHIA INSURANCE COMPANIES A klamtwr of nm Tirklo Md. Amu, PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St Amph's Rd., Suite 100 Bala Cynwyd, PA 19004-0450 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats & Matthew J. Coats OF Coats Surety Insurance Services, Inc. - Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, 'issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Anornoy is granted and is signed and sealed by facsimile under and by the authority of the ffitiowing Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I le day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seat of the Company thereto; and (2) to remove, at any time, arty such Attomey-in-Fact and revoke the authority given, And, be it FURTHER RESOLVED: That the signatures of such officers and the net of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certifled by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached, IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011. On this 18ns day of July 2011, before me came the individual who executed the preceding instrununt, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seat affixed to said instrument is the Corporate seat ofsaid Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notadai Ssat WmbedyA.Kedateak1,No19r ftbtla 6owerMadonlWA WaameIr ynor" fammiasbn aDea.28,sota mbw, t'ennafdva aAsaadaBan ota�e I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoingresolution ofthe Board of Directors and this Power of Attorney issued pursuant thereto on this 187 day of July 201lare true and correct and arc still in full tome and effect I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2I St day of February 20_1 2. CraigP.Keller - Executive Vice President, Chief Financial Officer & Secretary ••',Ai't'SYEVP��P' p ,,: PresidentChrist._ � 4 ?R�pher J. Maguire nu,r President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18ns day of July 2011, before me came the individual who executed the preceding instrununt, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seat affixed to said instrument is the Corporate seat ofsaid Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notadai Ssat WmbedyA.Kedateak1,No19r ftbtla 6owerMadonlWA WaameIr ynor" fammiasbn aDea.28,sota mbw, t'ennafdva aAsaadaBan ota�e I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoingresolution ofthe Board of Directors and this Power of Attorney issued pursuant thereto on this 187 day of July 201lare true and correct and arc still in full tome and effect I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2I St day of February 20_1 2. CraigP.Keller - Executive Vice President, Chief Financial Officer & Secretary ) \ 11 ( 1 . * ,:. H I/WMl4 ,[G'1'1 l 9� State of California County of On l r before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instalment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), 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. P -^+"4 ROSIE TOLEDO 11 Zoo COMM. # 1913342 z WITNESS my fficial Seal. NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY s My Comm. Expires Nov. 15, 2fl14 fNo Public (NAY Scal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCLJMENT ('Title or description ofattached document) (Title or description of attached document cominued) Number of Pages T Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (rifle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10,07 800.873-9865 www.NotaryClasses.win INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cahforma must contain verbiage exactly ar appearx above in the rotary section or a separate acknowledgment form must be properly completed and artaehed to that dacmnent. The a* =ceptim 4 e a document is to be recorded marlde of California In such instances, my alternative acknowledgmem verbiage as may be primed an such a document so long as the verbiage does not require the Wormy to do something that is illegal for a notmy in Califarme (i.ecertifying the authorized capacity of the aigner). Please check rhe documenttearV tlyfmpropernotarial warding and match tWjmm ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of orientation most be the date that the signers) personally appeared which must also be the same dam the acknowledgment Is completed. • The notary public must prim his or her name as it appears within his or her commission followed by a comms and then yarn title(rtatary public). • Prior the mame(s) of document sigma(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forts by crossing off incorrect forms (i.e, wal althey;- is fare) or ciretingthe Wood fxo s. Failure to comedy indicate this im bra ation may lead to rejection o£doc m>ont recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or limes. If seal impression smudges, ru-seal if a sun9ctem area permits, Otherwise complete a different acknowledgment form • Signature of the roomy public most match the signature on file with the office of the county clerk. ,9 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a differend document. 4 iadieatotitle or type of attached docuniea, number of pages and date. b Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Recorded in Official Records, Orange County R[QEC F _ Daly, Clerk -Recorder ii �� tt_ 41 , � �II!: �IIIA 11111111111111111111 II NO FEE III IIII IIIA IIII VIII III III III RECORDING REQUESTED BY AND $ R o 0 0 l i a 5 8 a$ WHEN RECORDED RETU AMM -5 AM ID 02000565326 2:25 pm 09/26112 276 422 N12 1 City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach 3300 Newport Boulevard r `' 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 Green Giant Landscape, Inc. of La Habra, CA, as Contractor, entered into a Contract on February 14, 2011. Said Contract set forth certain improvements, as follows: Bristol Street North Landscape Improvements - C-4301 Work on said Contract was completed, and was found to be acceptable on September 11, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Philadelphia Indemnity Insurance Company. BY Y -_ I d Pu lic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �� , at Newport Beach, California. pta��f3�iSi BY 0 City lerkl VJ tie) • r: . .. • OFFICE OF THE CITY CLERK 1.eilani I. Brown, MMC September 12, 2012 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: Y Bristol Street North Landscape Improvements — C-4301 • Fashion Island Area Streets Overlay and Slurry — C-4813 • Various Storm Drain Improvement Project — C-4966 Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, 99MA - W, Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644.-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us 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 Green Giant Landscape, Inc. of La Habra, CA, as Contractor, entered into a Contract on February 14, 2011. Said Contract set forth certain improvements, as follows: Bristol Street North Landscape Improvements - C-4301 Work on said Contract was completed, and was found to be acceptable on September 11, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Philadelphia Indemnity Insurance Company. 10 Public Works D City of Newport VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge, g Executed ont� a � �� at Newport Beach, California. BY _er City derk TO: CITY OF l a •.ii •.�• �. ,�,_ Agenda Item No. 5 September 11, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca,gov PREPARED BY: Peter Tauscher, Junior Civil Engineer APPROVED: G, \L--AA- TITLE: L.-AATITLE: Bristol Street North Landscape Improvements — Notice of Completion and Acceptance of Contract No.4301 On February 14, 2012, City Council awarded Contract No, 4301, Bristol Street North Landscape Improvements to Green Giant Landscape, Inc. for the total bid price of $305,460.00 plus $30,540.00 (approximately 10 -percent) for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts Account Description Account Number Amount Contributions (TE Grant) 7251-C2002028 $267,829,69 Bristol Street Relinquishment 7253-C2002028 19,072.00 (City Matching Funds) Total Construction Cost: $286,901.69 DISCUSSION: Bristol Street North Landscape Improvements — Notice of Completion and Acceptance of Contract No.4301 September 11, 2012 Page 2 Overall Contract Cost/Time Summary The work necessary to complete this contract included clearing and grading the existing dirt shoulder to accommodate new landscaping and an irrigation system; constructing concrete pavement, curb and gutter and depressed maintenance access curbs; planting new plants; and installing a maintenance walkway. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 305,460.00 Actual cost of bid items constructed: $277,198.50 Contract Time Contract Award Final Cost at Benchmark Actual Time Under ( ) Amount Completion Target Contract (days) or Over (+) $305,460.00 $286,901.69 10% or less -6.1% 79 -2 The work necessary to complete this contract included clearing and grading the existing dirt shoulder to accommodate new landscaping and an irrigation system; constructing concrete pavement, curb and gutter and depressed maintenance access curbs; planting new plants; and installing a maintenance walkway. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 305,460.00 Actual cost of bid items constructed: $277,198.50 Contract change orders: $ 9,703.19 �$ Final contract cost: 286,901.69 The disparity between the contract award amount and the final construction cost was the result of significantly reducing the unclassified excavation and eliminating the need to furnish fill soil. The final contract cost was 6.1 percent below the original contract amount. There were two change orders totaling $9,703.19. The change orders were for conditioning existing soil, removing excess brush due to recent Caltrans maintenance activities, additional concrete work and irrigation materials. A summary of the project schedule is as follows: Estimated Completion Date per July 2011 Baseline Schedule: August 3, 2012 Project Awarded for Construction: February 14, 2012 Completion Date from Award with Approved Extensions: July 20, 2012 Actual Substantial Construction Completion Date: July 18, 2012 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15304(b). This exemption covers the minor alteration because it has no potential to have a significant effect on the environment. Bristol Street North Landscape Improvements — Notice of Completion and Acceptance of Contract No.4301 September 11, 2012 Page 3 NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: Attachments: A. Location Map r. 2 \ ; . � \CO~ \ _ tee_/m \ \ I h / ' 7 �jCD/ / J ) \| of ^ ! } \ ! ! / / \ ( em, . \ U 6 � m \ . C) (D E � s m� ��A\ ,FL / m r. CITY CLERIC NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00a.m. on the 19th day of January, 2012, at which time such bids shall be opened and read for BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS Title of Project Federal Project No. RPSTPLE-5151 (025) Contract No. 4301 $303,000.00 Engineer's Estimate p�,r Stephen G. Badum Public Works Director The AADPL and UDBE Goal is 1% and 1%, respectively. Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A and C-27" For further information, call Iris Lee, Project Manager at (949) 644-3323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto://www. NewoortBeach CA.g ov CLICK: Online Services/Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 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).........................................................30 INSTRUCTIONS — LOCAL AGENCY BIDDER — DBE INFORMATION (CONSTRUCTION CONTRACTS), EXHIBIT 15-G(2)........................................................31 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS............................................31 SECTION 2-1.01 GENERAL..............................................................................................31 SECTION 2-1.015 FEDERAL LOBBYING RESTRICTIONS .............................................. 32 SECTION 2-1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE)............................32 FEDERAL MINIMUM WAGE RATES........................................................................................34 DATA UNIVERSAL NUMBERING SYSTEM (D -U -N -S) NUMBER...........................................59 NOTICE TO SUCCESSFUL BIDDER......................................................................................60 CONTRACT.............................................................................................................................61 LABOR AND MATERIALS BOND.............................................................................................68 FAITHFUL PERFORMANCE BOND.........................................................................................70 FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS..................72 PROPOSAL.......................................................................................................................... PR -1 SPECIALPROVISIONS....................................................................................................... SP -1 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 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 "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 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. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All; parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: http://www.gpo.gov/davisbacon/ca.html 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. CJO "1J AIL -)7 Contractor's License No. & Classification Green Giant Landscape, Inca Bidder Authorized Signat e/Title 55t DENT Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ten percent of the total amount of the bid Dollars ($ lo% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS, Contract No. 4301 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documants in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 12th day o January 2012. Green Giant Landscape, Inc. Name of Contractor (Principal) AuthorkZed Signatureffitle P1ZIEst peNT Philadelphia Indemnity Insurance Company A - r J Ch�_ Name of Surety Authorized Agent Signature 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Linda D. Coats, Attorney -in -Fact Address of Surety Print Name and Title 818-333-5195 Telephone (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Q On before me, Geeta CL -1 L -- (Here insert n personally appearedY 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 thathe/she/they executed the same in his/her/their authorized capacity(ies), ar_d 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. ROS IE TOLEDO - COMM. # 1913342 WITNESS my han O 1. eal. Z ° °� NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY (Notary S My Comm. Expires Nov. 15, 2014 Si ade of Nllarytblic ADDITIONAL OPTIONAL INFORMATION DESC_7 OF THE ATTACHED DOCUMENT itle or desc ' of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER O (s) Corp Corporateate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotwyClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/tkey— is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. v Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. S Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document PHILADELPHIA INSURANCE COMPANIES A biember of the Tokio Marine Gmnp PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. Coats & Matthew J. Coats OF Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 110' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011. lu�4 / X, 4: C, (- President Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notarial Seat Kimberly A. Kessleskl, Notary Public Lower Marlon Twp., Montgomery County My Commission Expires Dec. 18, 2012 Mamber, Pennsylvania Assoclation of Notarlaa I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 2011 are true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 12th day of January 2012. Craig P. Keller Executive Vice President, Chief Financial Officer & Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT_ State of California County of Orange On t. �/� I�r1V IT2 (2 before me, Adelaide C. Hunter, Notary Public ' (insert name and title of the officer) personally appeared Linda D. Coats who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisAlierA+reir authorized capacity(ies), and that by hisAk-rftheir signatures) 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 t:.c. State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ADELAIDE C.HUNTER Commission # 1808793 ;i Notary Public Calitomia Z ' Orange County ' My Coinm. Expires Aug 8, 2012 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate. securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information. Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Green Giant Landscape, Inc. Bidder 9 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Green Giant Landscape, Inc. proposed subcontractor(s) , hereby certifies that he .hasy" , 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 ighway Administration or by the Director, Office of Federal Contract C pliance, U.S. De artment of Labor. By: A Date: Name: -DDv1 I yll.fey!!5c)yr Title: Tye:' ,(GFa f - By: Date: Name: Title: By: Date: Name: Title: 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 prjury under the laws of the State of California that the bidder has has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject e certifier to criminal prosecution. By: Date: i Name: L Yt Fly az2-:5erri Title: Z y f6i e4e K t✓ 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 ✓ If the answer is yes, explain the circumstances in the following space. M 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: Name: G Title: PYPS�'C'!vl' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidders Name Green Giant Landscape, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 i� Project Name/Number VC�V1 CJI T 4 (i{ l", Project Description 0,491 Si-v-uC,� N u 6 ayPGI Approximate Construction Dates: From �� Z�(I To: � �GZ RU &w�� E0 ( 2 Agency Name 0) � 0{ A cb RI e�yl_ a— Contact Person 3 o ae, LtweL Telephone ( 0 U �L - -2-000 Original Contract Amount $ 09h ,010 Final Contract Amount $ g � ��, 06" If final amount is different from original, please explain (change orders, extra work, 61- lvrd s Cil X11 k) >>i �l_'�i)�h (� F (.2. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number l. -t -Li Illnjj �j P�kyge 1ylGj L� Project Description / to oal id � 1�f{ (.( 1 id -5e! e )e, Jy,✓I Approximate Construction Dates: From Qmch Zoll To: rJC jo u �✓Ly � Agency Name Contact Person (/h l/15 P�� fi Telephone (SG'�) Original Contract Amount Final Contract Amount $ final amount is different from original, please explain (change orders, extra work, etc.) �� Ilse 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. 1,10 No. 3 � Project Name/Number beycA owt I'lledta'a Lau06&k ('bh��A (1I ezhox Project Description i i4"- 15i4J1d5 al(ey- U'bowt - Approximate Construction Dates: From 1 °C� % i 0 To: "30 t Agency Name C4 � f 1 C n Nq evzz — Contact Person '3o') U)eircL, Telephone q q,7 Original Contract Amount Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) It. Iti� 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. A0 11 No. 4 Project Name/Number �_Go5h)Wu f?aV�d [66r li6i umiz_ Pool, Oro l" Project Description gu i Approximate Construction Dates: From otc, v6 -F{3 To: QC+ 2t11D Agency Name of Owooy+ y„�ac/lq Contact Person M) Lem Telephone (HNA) Original Contract Amount $N70�?��l —Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. IU, No. 5 11 Project Name/Number e Clt'U ICw Et 1 Ont rl� ('(aL i Project Description ("-e Cly 1 l UiX S onV� -'6i av2- Approximate Construction Dates: From To: R) ( t Agency Name 5e-+tyl G1— Contact Person ['Am Ucke oa cZ Telephone ( )&) � 3`1- Original Contract Amount $Aoa) Final Contract Amount $ 4q(,060 _ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims 12 No. 6 Project Name/Number 11L I"(a'�IL SUV1 r�ft hG '���CCei� Int c(G'( Project Description J. Pl e(e� Approximate Construction Dates: From a To: 6 Agency Name Contact Person (%� ��i t1 ,► Ct i1 C� Telephone (0A) I j 4 - U �� 1 Original Contract Amount $ �( 60,0Final Contract Amount $ If fipal amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the. Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Green Giant Landscape, Inc. Bidder 13 Authorized tigniaturefritle Donald L Henderson 941-A Macy St. La Habra, CA 90631 C: 562-690-6208 e: greengiantinc@aol.com Experience Mar.'90— Present — Green Giant Landscape, Inc. La Habra, CA General Contractor - Founder and President of Green Giant Landscape, Inc. • Green Giant Landscape, Inc. is a certified small business, providing comprehensive landscape construction services for an array of public works agencies throughout Orange, Los Angeles and San Bernardino Counties. We perform small, medium, large scale projects (parks, playgrounds, sports fields, plazas, monuments, streetscapes, islands, and mixed-use public realm. ® As the president of the company, it is my responsibility to ensure that each and every project is managed in a timely manner, communicating with project managers and inspectors the daily tasks needing completion. I direct our foreman and oversee all workers to ensure work is being completed as intended, providing reports to owners on the status of the projects. a Able and willing to collaborate with other professionals such as architects, engineers, environmental planners and designers in the developing of all the projects taken under Green Giant Landscape, Inc. ® Fully bonded by Philadelphia Insurance Companies, a member of the Tokyo Marina Group., and insured by Golden Eagle Insurance Company. i Licensed by the State of California with an A and C27 contractor's active license No. 670478 1an'84 — Feb'90 — County of Orange, Santa Ana, CA Landscape Foreman CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 NON -COLLUSION AFFIDAVIT State of California ) )SS. County of 1 Or 6 " ) -on, I�c��� }}i , being first duly sworn, deposes and says that he or she is akrP��iC{P12f~ of Green Giant T,anrl�r�ne_ I&P parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any u isclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. �1 I declare under penalty of perjury of the laws pf the State bf California that ttite foregoing is true and correct. Bidder Authorized Sf a urd/Title Subscribed and sworn to (or affirmed) before me on this day of , 2012 by l_�(1�1(l ICS X61 G� evr� 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 -=S to o California that the foregoing paragraph is true and correct. ROSIE TOLEDO Notary F li COMM. # 1913342 z [SEAL] ? °; NOTARY PUBLIC -CALIFORNIA 1 LOS ANGELES COUNTY " My Comm. Expires Nov. 15, 2014 My Commission Expires: 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 DESIGNATION OF SURETIES Bidders name Green Giant Landscape, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): P.O. 1 cox -o- �� /06)0 :�-bao 0, 0I 06 5'k FI CA 15D 5 g-3�3-50 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Green Giant Landscape, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts Total dollar i Amount of Contracts (in �� �M �`�''' \��\ Thousands of $) No. of fatalities, No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder: Green Giant Landscape, Inc. Business Address: 9 q -A M &q S+-• LO- KatoVk Business Tel. No.: 5� )- (pq p 0,,x 0 9 State Contractor's License No. and Classification: A , � - -)-'J Title PVPSf C%vt_-t The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. SignatL b SignatL bi Date Title Signature of bidder Date Title Signature of bidder Date Title \/ i r_r- - - P� � s 60 7- V\-tr 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, joint 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. NOTARY ACKNOWLEDGMENT MUST BE ATTACHED 17 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California. County of On /��9//� before me, ere insert name d title oPffe icer) personally appearedac/ 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. ROSIE TOLEDO WITNESS my hand o 1 eal. COMM. # 1913342 z NOTARY PUBLIC -CALIFORNIA r�LOS ANGELES COUNTY J M C mm. Expires Nov. 15, 2014 e ofN Pub is ARWRAMW ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/die} ,- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 ACKNOWLEDGEMENT OF ADDENDA Bidders name Green Giant Landscape, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: I'� Business Address: �'I q 1- A Maw �r. ba l�i��um, (111T qo� 51 Telephone and Fax Number: 5G � x'00 -06$ I 6u,3 06 - 564 California State Contractor's License No. and Class: A , C - ZZ (REQUIRED AT TIME OF AWARD) Original Date Issued: 00 Expiration Date: 5-31- /2, 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: IDYA k'jlde,1 M . PYeSi dylCT- The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone L c1 Ikuo, 64 '70U31 Corporation organized under the laws of the State of C)a (I kvrYl Ia- 19 - 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes No Are any claims or actions unresolved or outstanding? Yes No 20 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. o IY1 1-� lid ev'sol Print name of Owner or President of rporation/Co pany) Green Giant Landscape, Inc. Bidder Authorized Si nature/Title Title Date V I Subscribed and sworn to (or affirmed) before me on this __day of 3AVUACIvL)r 2012 by DA b I l c�'Sl1Yi personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before ROSIE TOLEDO COMM. # 1913342 z �- 40my NOTARY PUBLIC • CALIFORNIAK NotaryPU IICLOS ANGELES COUNTY Comm. Expires Nov. 15, 2014 [SEAL, /� Z01y My Commission Expires: 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. By: Date: Name: Title: "tY,t--55 *Lee Exceptions:A (G�— Q� NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal' contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of. any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 23 DISCLOSURE OF LOBBYING ACTIVITIES 1. Type of Federal Action: a. contract b. grant c, cooperative agreement d. loan e. loan guarantee .f. loan Insurance 4. Name and Address of R II JVLVJC LVtltlT IIVU HV I IV I ICJ 2. Status of Federal Action: a. bid/offer/aoolicalion b. initial award c. post -award Entity Prime [] Subaw\rdee Tier . if known Congressional District, if known 6. Federal Department/Agency: DUHIV I IV 3I U.J.V. IJ Z 3. Report Type: Ela. initial b. material change �\5. If Reporting Entl Enter Name and Congression C 7. Federal P gran For Material Change Only: year_ quarter date of last report ty In No. 4 is Subawardee, Addresyrof Prime: strict, if known Name/Description: \ \CF Number, if applicable 8. Federal Action Number, if OQwn: 9. and Amount, if known: 10. a. Name and Add ss dfl-ebt (If individual, last me, first Individuals Performing Services Including address if different from No. 10a) (last name, first name, MI) (attach Co//nttihuation Sheet(s) if necessary) 11. Amount of Payment (check all thatapply) 13. Type of Payment (check all that apply) $ E] actual ['p/planned a. retainer b. one-time fee 12. Form of Payment (check all at apply): c. commission ea. cash d. contingent fee b. in-kind; specify: nature a deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated In Item 11: (attach Continuation 15. Continuation Sheet(s) attached: Yes El 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: 24 No Print Title:51 i�Lsa�9A •{� Telephone No.:GIloYll• J0'26S Date: I I v Authorized for Local Reproduction Standard Form - LLL INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a _ form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is Inadequate. Complete all items that apply for both the Initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and'zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first Ser. Subawards include but are not limited to subcontracts, subgranfs and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United Stales Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is. estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF -LLL -Instructions Rev. 06-04-90aENDIF» 25 LOCAL AGENCY BIDDER - UDBE COMMITMENT (CONSTRUCTION CONTRACTS) EXHIBIT 15-G(1) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM AGENCY: I LOCATION: PROJECT DESCRIPTIOtJ:i3rI S+oI S-�. �.lo�r-i-�I C405c'�e ,t -s TOTAL CONTRACT AMOUNT:$ 30G,240 oo BID DATE: (-111-12- / BIDDER'S NAME: (/2V-feVI CONTRACT UDBE GOAL: CONTRACT ITEM OF WORK AND DESCRIPTION rl'EM NO. OR SERVICES TO BE SUBCONTRACTED OR MATERGI.IS LI -= OBEPROVIDED (+LA tn'4_ Cert. No. of UDBE ANDEXPrRATION DATE 1WM OF UDBEs (Must be certified on the date bids are opened - include UDBE nddress and [hone number DOLLAR AMOUNT UDBE _ �--tSr 11J`�AnS thl1�LY2ln >tar) DtEc ) -2(0t cit •'On` .<i •� A For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Total Claimed Participation �\ $ ,30 Hit•(, � y� 4' + 9 % Contract Award Date: Local Agency certifies that all information is complete and accurate. rint Name Signature Date Local Agency Representative (Arca Code) Telephone. Number: Signature of Bidder i. Date (Area Code) Tel, No. VUI` fTLY1Li (N 7G 1' For Caltrans Review: Pdnt Name Signature Date Caltrans District Local Assistance Engineer . Person to Contact (Please Type or Print) Local Agency Bidder- UDBE Commitment (Rev 3109) Distribution: (1) Copy— Fax or scan a copy to the Caltrans District Local Assistance Engineer (DI -AE) within 15 days of award. Failure to send a copy to the DLAE within 15 days of award may result in de -obligation of funds for this project. (2) Copy — Include in award package to Caltrans District Local Assistance (3) Original — Local agency files 26 INSTRUCTIONS — LOCAL AGENCY BIDDER — UDBE COMMITMENT (CONSTRUCTION CONTRACTS), EXHIBIT 15-G(1) PLEASE NOTE: It is the bidder's responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian - Pacific American; 3) Native American; 4) Women. This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive. UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian -Pacific American 3. Nation American 4. Women The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Total Contract Amount, Bid Date, Bidder's Name, and Contract Goal. The form has a column for the Contract Item Number (or Item No's) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by UDBEs. The UDBE should provide a certification number to the Contractor and expiration date. The form has a column for the Names of UDBE contractors to perform the work (who must be certified on the date bids are opened and include the UDBE address and phone number). Enter the UDBE prime's and subcontractors' certification numbers. Prime contractors shall indicate all work to be performed by UDBEs including, if the prime is a UDBE, work performed by its own forces. IMPORTANT: Identify all UDBE firms being participating in the project regardless of tier. Names of the First Tier UDBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. Provide copies of the UDBEs' quotes, and if applicable, a copy of joint venture agreements pursuant to the Subcontractors Listing Law and the Special Provisions. There is a column for the total UDBE dollar amount. Enter the Total Claimed UDBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of UDBE firms. Exhibit 15-G (1) must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form within the 15 -day time period may result in the de -obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. 27 UDBE INFORMATION — GOOD FAITH EFFORTS, EXHIBIT 15-H The City of Newport Beach established an Under-utilized Disadvantaged Business Enterprise (UDBE) goal of 6.8% for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder — UDBE Commitment" form Indicates that the bidder has met the UDBE goal. TYiis 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 � t h ^ �1� ' B. The names and dates of written notices sent to certified UDBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the UDBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): . Names of Date of Initial Follow Up UDBEs Solicitation Methods and Solicited Dates `v'LC )ti— l { Z't I-17-iZ C. The items of work which the bidder made available to UDBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate UDBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate UDBE participation was made available to UDBE firms. Items of Work Bidder Normally Breakdown of Items Amount Percentage performs Item (Y/N) ($) Of Contract t11n itQi41� 28 CALIFORMA UNUVIED CIERTIFW,�ATION PROGRAN-1 DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATE ,()(;AN"S'AMARK ETI NG .11 fWfT\PWAY,ntHTV 220 RAN DUM CA WITI Owito: II.LLIS LO ;{NS Rufue" Snuotim: CORR)HATION I Kq rojilic Ate Ll It i1"%YiLAgv;i thnrknid firm k kppvivM by the k..1134nrlli3 3S 5 Dil d I,jjjjjnRCLI 131(jjj]CYj EalUPTO I DRIP) al ditibed by Me UK Dqkmmmut 4 rmmp"own Wul) CRI N I'MCM, a. uIny""i It dvil, foi Ifit. follo'tItit:g NAW.Scodvi! NOWS Q&b) " IMMMS ums" FIATS UK kR(*IlT1 (II(IR U1411., ONLY) Of F1 K F IJ to 1 1 oil TO I CERTIFYINGAGENCY: UCP IT% N"mWr: 44I5 DITAM MIENT Of' T RAMP( iR FATION' 1823 14TH STREIN. NIS M ()OCO 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 UDSEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested UDBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to UDBEs: J0 A 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.): Name of Method/Date of Results i t t t� a ".t 1-1 -I a✓art.•( re \iy (ti l r(>?:• PI cE I - 1 7 Y-7 LSI l"YG+14S - 1 "1 - t Z. U D i :G H. Any additional data to support a demonstration of good faith efforts (use additional sheets if NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. 29 LOCAL AGENCY BIDDER — DBE INFORMATION (CONSTRUCTION CONTRACTS) - EXHIBIT 15-G(2) . (Inclusive of all DBE's including the UDBEs listed at bid proposal) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM GENCY:`` LOCATION: PROJECT DESCRIPTION, 'Dtr156I e-'. 1�t Ot-14 •r-'d5eiLj06 TOTAL CONTRACT AMOUNT: $-)'-�irZ�' Uf BID DATE: HI -12-1 BIDDER'S NAME: ��FrZY� VI u i'LI ONTRAC! 17FFM OF WORK AND DESCRIPTION DBECemNo. NAME OF DBEs DOLLAR AMOUNT ITEM NO. OR SERVICES TO BE AND EXPIRATION Qlvfiasi be certified on die date bids DEE SUBCONTRACTED OR MATERIALS O BE PROVIDED DATE are opened - include DDE address and phone number)- ^ r) �t )7ty�,c For Local Agency to Complete: Locid Agency Contract Number: Total Claimed�r Participation e '0) Federal Aid Project Number. Federal Share: % Contract Award Date: 5 Local Agency certifies that the DDC tartification(s) incomplete and accurate. bas been verified and all informant / I - Stgna ure of Bidder rintNmne Signature Local Agency Representative Date i /n� - i `' -1 Date (Area Code) Tel. No. (Area Code) Telephone Number: For Caltraus Review: Person to Contact (Please Type or Print) Print Name Signature Caltrans District Local Assistance Engineer Date L.".l A,nc, Bidder,DBElnfunn:nion (Rm, 3109) Distribution: (1) Copy -Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de-obllgallon of funds for this project. (2) Copy - Include in award package to Caltrans District Local Assistance (3) Original - Local agency files 30 CALIFORNIA UNIFIED CERTIFICATION PROGRAM May 29, 2007 Ms. Gloria Benito Benito Trucking, Inc. P.O. Box 341098 Arleta, CA 91334-1098 9833 Dear Ms. Benito: We are pleased to advise you that after careful review of your application and supporting documentation, the City of Los Angeles has determined that your firth meets the eligibility standards to be recertified as a Disadvantaged/Minority/Women Business Enterprise (DBE/MBE/WBEI as required under the U.S. Department of Transportation (U.S. DOT) Regulation 49 CFR Pan 26, as amended. Your titin will be listed in the California Unified Certification Program (CUCP) database of certified DBEs and the City of Los Angeles DBE/MBE/VJBE directory under the following specific areas of expertise that you have identified on the business service form for contracting opportunities: NAICS Codes Description 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing 532490 Other Commercial and Industrial Machinery and Equipment Rentil and Leasing Your DBE certification is good for five years from the date of this letter and applies only for the above codes. You may review your firm's information in the CUCP DBE database which can be accessed at the California Department of Transportation's website at www,dot.ca.gov/hci/bet)/ and the City of Los Angeles DBE/MBE/WBE database at www.lacitv.ora/bca. Any additions and revisions must be submitted to the City of Los Angeles for review and approval. After the five-year certification period, your entire file will be reviewed in order to ascertain continued DBE certification status. You will be notified of the pending DBE status review and any documentation update necessary prior to the expiration date. Ciry of Las Angeles • D-POAMcnl of Public wpAS • Bureau of Contact Adminigwion . Offiw OFContan Comp Iianu— Cenin ized CadBralion Sation i f49 S. Broadway S",I, Salle 300 • LW Angola, CA 90M • Phone (213) 847-1922 • Fax(213)847-2777 £d Wtav:TT noe ve 'ref IL£i 89L 318 : 'ON XU3 DNI ONINDoyl oi1Na8 woa2 CALIEORNI(A U* NIFIIED CERTIFICAtION PROGRAM DISADVANTAGED BUSINESS ENTERPRISE CER'TIFICA'TE BENITO TRUCKING, INC. P.O. BOX 341096 ARLETA, CA 91334 1098 Owner: GLORLABENITO Business Structure: CORPORATION This certificate acknowledges that said firm is approved by tLe California Unified CeS ificadon Program (CUCP) as a Disadvantuged Business Enterprise (DBN) as delined by she U.S. Department of Transportation (DOT) CPR 49 fart 26, as may be amendedyfor tliZfollon•ing NAICS codes: NAICS Code(s) a Indicates primary NAICS code : "•?q `. r �. ' 532120 Truck, Wilily Trailer, and RV (Recreational Vehicle) Rental and LpSs. 532490;'Other C-9mmercial and Industrial Machinery and Equipmaa Rental an r� Work Category Codo(s) f� " 09670 TRUCK RENTAL 'C9771 TRUCK -BROKER CERTIFYING AGENCY: UCP Firm Number: 33030 CITY OF LAS ANGELES ' 1149 SOUTH BROADWAY STREET � �-�c/ LOS ANGELES, CA. 90015 OOOO May 30, 2007 ' (213)847-1922 CUCP OFFICER It h CUCP's policy and anje five to promote and maintain a Ieval playing Held to; Dons in CaLLforn Fa on FederaFxid auntracla. We ensure. nundiserlminntion in the award and adminimatlon of VA. OOT =is led eoatatts I nsod on the rNuimmenls of 49 CFR Parts 21 and 26. -n x z 0 m m ti In m w ru 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, 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 DBEs. The DBE should provide a certification number to the Contractor and expiration date. The DBE contractors should notify the Contractor in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on the date bids are opened.and include DBE address and phone number). Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces if a DBE. IMPORTANT: Identify all DBE firms participating in the project --including all UDBEs listed on the UDBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the total DBE dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of DBE firms. Exhibit 15-G (2) must be signed and dated by the successful bidder. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date, Federal Share, -Contract and Project Number fields, and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15 -day time period may result in the de -obligation of funds on this project. District DBE Coordinator should verify that allinformation is complete and accurate: Once the information has been verified, the District Local Assistance Engineer signs and dates the form. SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS +ZKII«J411: LL1 The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. The Bidder's Bond form mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT 31 assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 'Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable,'may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts. 2 -1.015 --FEDERAL LOBBYING RESTRICTIONS. --Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a"Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities;" with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the:Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or.individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2-1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE).-- This project is subject to Title 49 CFR 26.13(b): The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the City of Newport Beach specifies a goal for Underutilized Disadvantaged Business Enterprises (UDBEs). LOBE 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 32 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://www.dot.ca.gov/hq/bep/find—certified.htm Only UDBE participation will count towards the UDBE goal. DBE participation will count towards the Agency's Annual Anticipated DBE Participation Level and the California statewide goal. Credit for materials or supplies you purchase from UDBEs counts towards the goal in the following manner: 1. 100 percent counts if the materials or supplies are obtained from a UDBE manufacturer. 2. 60 percent counts if the materials or supplies are obtained from a UDBE regular dealer. 3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a UDBE that is neither a manufacturer or regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a UDBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55. UDBE Commitment Submittal Submit UDBE information on the "Local Agency Bidder-UDBE Commitment (Construction Contracts)," Exhibit 15-G(1), form included in the Contract documents. If the form is not submitted with the bid, remove the form from the Contract documents before submitting your bid. If the UDBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the UDBE Commitment form to the Agency. UDBE Commitment form must be received by the City of Newport Beach no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the UDBE Commitment form unless the City of Newport Beach requests it. If the City of Newport Beach requests you to submit a UDBE Commitment form, submit the completed form within 4 business days of the request. Submit written 'confirmation from each UDBE stating that it is participating in the contract. Include confirmation with the UDBE Commitment form. A copy of a UDBE's quote will serve as written confirmation that the UDBE is participating in the contract. 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. 33 If your UDBE Commitment form shows that you have met the UDBE goal or if you are required to submit the UDBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the City of Newport Beach finds that the UDBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: 1. Items of work you have made available to UDBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate UDBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to UDBE firms. 2. Names of certified UDBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the UDBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified UDBEs through all reasonable and available means and provide sufficient time to allow UDBEs to respond. 3. Name of selected firm and its status as a UDBE for each item of work made available. Include name, address, and telephone number of each UDBE that provided a quote and their price quote. If the firm selected for the item is not 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 UDBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the UDBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts FEDERAL MINIMUM WAGE RATES Refer to the following website for the latest Federal Minimum Wage Rates: http://frwebgate. access. g po.gov/cgi-bin/getdoc. cgi?d bname=Davis-Bacon&docid=CA20080035 34 FEDERAL MINIMUM WAGE RATES GENERAL DECISION: CA20100035 12/03/2010 CA35 Date: December 3, 2010 General Decision Number: CA20100035 12/03/2010 Superseded General Decision Number: CA20080035 State: California Construction. Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Publication Date 03/12/2010 03/26/2010 04/02/2010 04/16/2010 06/25/2010 07/02/2010 07/23/2010 08/06/2010 08/13/2010 08/27/2010 09/03/2010 09/10/2010 09/24/2010 10/08/2010 12/03/2010 * ASBE0005-002 06/28/2010 Rates Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 32.79 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 24.21 * ASBE0005-004 06/28/2910 Asbestos Removal Rates 35 Fringes 16.31 13.76 Fringes worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 18.70 8.65 BRCA0004-010 05/01/2010 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 34.55 11.56 ---------------------------------------------------------------- BRCA0018-004 06/01/2008 Rates Fringes MARBLE FINISHER ..................$ 25.52 9.08 TILE FINISHER ....................$ $ 21.07 7.88 TILE LAYER .......................$ 32.05 11.99 ---------------------------------------------------------------- BRCA0018-010 09/01/2009 Rates Fringes TERRAZZO FINISHER ................$ 26.59 9.62 TERRAZZO WORKER/SETTER ........... $ 33.63 10.46 ---------------------------------------------------------------- CARP0409-001 07/01/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 37.35 11.08 (2) Millwright ..............$ 37.85 11.08 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 11.08 (4) Pneumatic Nailer, Power Stapler ...............$ 37.60 11.08 (5) Sawfiler...............$ 37.44 11.08 (6) Scaffold Builder ....... $ 28.55 11.08 (7) Table Power Saw Operator ....................$ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a 36 substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. Certified. Welder - $1.00 per hour premium. ---------------------------------------------------------------- CARP0409-005 07/01/2010 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 37.35 11.08 STOCKER/SCRAPPER ............ $ 10.00 6.67 ---------------------------------------------------------------- ELEC0011-002 02/01/2010 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 26.99 3%+8.64 Technician ..................$ 28.79 3%+8.64 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEC0441-001 06/28/2010 Rates Fringes CABLE SPLICER ....................$ 41.36 13.79 ELECTRICIAN ......................$ 39.54 13.74 ---------------------------------------------------------------- * ELEC0441-003 11/29/2010 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Communications System Rates Fringes 37 Installer ...................$ 28.68 3€+8.60 Technician ..................$ 30.48 3%+8.60 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercomand telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation.) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background -Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low -Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems -installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. Installation and termination of devices, panels, startup, testing and programmming performed by the Technician. 2. Fire Alarms -Open Wire Systems: installed by the Technician. -------------------------------------------------------------- ELEC0441-004 08/27/2009 ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & Rates Fringes CT. STREET LIGHTING) Cable Splicer/Fiber Optic Splicer .....................$ 40.14 3%+11.90 Electrician .................$ 39.54 3%+11.90 Technician ..................$ 29.66 3%+11.90 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video/data. ELEC1245-001 06/01/2010 39 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 46.14 13.41 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) ........... $ 36.85 12.36 (3) Groundman...............$ 28.19 12.10 (4) Powderman...............$ 41.20 12.53 39 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2010 Rates Fringes ELEVATOR MECHANIC ................$ 45.33 20.035 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012-003 07/01/2009 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ 36.83 17.22 GROUP 2 ....................$ 37.61 17.22 GROUP 3 ....................$ 37.90 17.22 GROUP 4 ....................$ 39.39 17.22 GROUP 5 ....................$ 40.49 17.22 GROUP 6 ....................$ 39.61 17.22 GROUP 7 ....................$ 40.71 17.22 GROUP 8 ....................$ 39.72 17.22 GROUP 9 ....................$ 40.82 17.22 GROUP 10 ....................$ 39.84 17.2.2 GROUP 11 ....................$ 40.94 17.22 GROUP 12 ....................$ 40.01 17.22 GROUP 13 ....................$ 40.11 17.22 GROUP 14 ....................$ 40.14 17.22 GROUP 15 ....................$ 40.22 17.22 GROUP 16 ....................$ 40.34 17.22 GROUP 17 ....................$ 40.51 17.22 GROUP 18 ....................$ 40.61 17.22 GROUP 19 ....................$ 40.72 17.22 GROUP 20 ....................$ 40.84 17.22 GROUP 21 ....................$ 41.01 17.22 GROUP 22 ....................$ 41.11 17.22 GROUP 23 ....................$ 41.22 17.22 GROUP 24 ....................$ 41.34 17.22 GROUP 25 ....................$ 41.51 17.22 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 38.18 17.22 GROUP 2 ....................$ 38.96 17.22 GROUP 3 ....................$ 39.25 17.22 GROUP 4 ....................$ 39.39 17.22 GROUP 5 ....................$ 39.61 17.22 GROUP 6 .................:...$ 39.72 17.22 GROUP 7 ....................$ 39.84 17.22 40 GROUP 8 ....................$ 17.22 40 GROUP 9 ....................$ 17.22 40 GROUP 10 ....................$ 17.22 41 GROUP 11 ....................$ 17.22 42 GROUP 12 ....................$ 17.22 43 GROUP 13 ....................$ 17.22 44 OPERATOR: Power Equipment 17.22 (Tunnel Work) 17.22 GROUP 1 ....................$ 17.22 38 GROUP 2 ....................$ 17.22 39 GROUP 3 ....................$ 17.22 39 GROUP 4 ....................$ 17.22 39 GROUP 5 ....................$ 17.22 40 GROUP 6 ....................$ 40 GROUP 7 ....................$ 40 O1 17.22 18 17.22 18 17.22 18 17.22 18 17.22 18 17.22 68 17.22 46 17.22 75 17.22 89 17.22 11 17.22 22 17.22 34 17.22 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes load, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump opera't'or; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine 41 operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra -hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; 42 Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Rackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types -Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less the 750 cu. 43 yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any 44 combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar 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 45 GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over. 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd.. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 46 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State lineat that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the. NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E., MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, RIE, SBM. Continue S along west boundary of RIE, SMB to Riverside County line at the SW corner of T1S, RIE, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of TIS, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of TBS, RIOE, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, Cfl T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the BE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE. corner to T7N, R21W, SBM. Continue N along East side of R21W, SRM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the BE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T1.1N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE ® of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada M state border at the point which is the NW corner of .Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, TION, R22E, MUM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENG10012-004 08/01/2009 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 44.83 17.22 (2) Dredge dozer ............ $ 40.36 17.22 (3) Deckmate................$ 40.25 17.22 (4) Winch operator (stern winch on dredge) ............ $ 39.70 17.22 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 39.16 17.22 (6) Barge Mate ..............$ 39.77 17.22 IRON0002-004 07/01/2010 Rates Fringes Ironworkers: Fence Erector ...............$ 26.58 15.26 Ornamental, Reinforcing and Structural ..............$ 33.00 23.73 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00300-001 09/01/2010 Rates Fringes Brick Tender .....................$ 27.17 14.72 M -------------------------- LAB00300-003 07/01/2010 LABORER (GUNITE) GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ LABORER (TUNNEL) GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ GROUP 4 .....................$ LABORER GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ GROUP 4 .....................$ GROUP 5 ......................$ Rates Fringes 30.04 17.37 29.09 17.37 25.55 17.37 31.24 14.98 31.56 14.98 32.02 14.98 32.71 14.98 26.33 14.75 26.88 14.75 27.43 14.75 28.98 14.75 29.33 14.75 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification. rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms.; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer', landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as 50 walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other .services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method. used for such loading and placing; 51 Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LAB00300-005 08/05/2009 Rates Fringes LABORER PLASTER CLEAN-UP LABORER .... $ 26.65 14.70 PLASTER TENDER ..............$ 29.20 14.70 ---------------------------------------------------------------- LAB00882-002 01/01/2010 Rates Fringes Asbestos Removal Laborer ......... $ 26.15 14.25 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 52 decontamination stations. ---------------------------------------------------------------- LABO1184-001 07/01/2010 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ 27.05 11.65 (2) Vehicle Operator/Hauler.$ 27.22 11.65 (3) Horizontal Directional Drill Operator ..............$ 29.07 11.65 (4) Electronic Tracking Locator .....................$ 31.07 11.65 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 .....................$ 28.50 14.56 GROUP 2 .....................$ 29.80 14.56 GROUP 3 .....................$ 31.81 14.56 GROUP 4 .....................$ 33.55 14.56 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3! Traffic delineatingdevice applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard. rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ------------------------------------------------------------- PAIN0036-001 08/01/2910 Rates Fringes Painters: (Including Lead 53 Abatement) (.1) Repaint .................$ 26.05 9.68 (2) All Other Work .......... $ 29.32 9.68 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036-008 01/06/2010 Rates Fringes DRYWALL FINISHER/TAPER ........... $ 33.22 12.19 ---------------------------------------------------------------- PAIN0036-015 08/01/2010 Rates Fringes GLAZIER ..........................$ 36.90 20.53 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247-002 01/01/2010 Rates Fringes SOFT FLOOR LAYER .................$ 30.85 10.54 ---------------------------------------------------------------- PLAS0200-009 08/04/2010 Rates Fringes PLASTERER ........................$ 30.21 14.23 ---------------------------------------------------------------- PLASO500-002 07/01/2010 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 29.50 19.85 ---------------------------------------------------------------- PLUM0016-001 07/01/2009 Rates PLUMBER/PIPEFITTER (1) Work on strip malls, light commercial, tenant improvement and remodel work ........................$ 28.84 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 35.97 54 Fringes 14.47 (3) All other work .......... $ 37.10 16.84 ------------------------------------------------------------ PLUM0250-002 01/02/2006 Rates Fringes REFRIGERATION MECHANIC Refrigeration Fitter ........ $ 33.30 13.95 ------------------------------------------------------------- PLUM0345-001 07/01/2009 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 26.70 13.84 Sewer & Storm Drain Work .... $ 25.18 15.67 --------------------------------------------------------- ROOF0036-002 08/01/2010 Rates Fringes ROOFER ...........................$ 34.65 9.07 FOOTNOTE: Pitch premium: Work. on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669-008 04./01/2010 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 33.35 17.60 ---------------------------------------------------------------- SFCA0709-003 01/01/2010 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 39.08 21.95 ---------------------------------------------------------------- SHEE0105-003 07/01/2010 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES SHEET METAL WORKER (1) Commercial - New Construction and Remodel Rates Fringes 55 work ........................$ 42.54 17.72 (2) Industrial work including air pollution control systems, noise abatement, hand rails., guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... $ 35.56 22.90 TEAM0011-002 07/01/2008 Rates Fringes TRUCK DRIVER GROUP 1 ....................$ .26.44 18.24 GROUP 2 ....................$ 26.59 18.24 GROUP 3 ....................$ 26.72 18.24 GROUP 4 ....................$ 26.91 18.24 GROUP 5 ....................$ 26.94 18.24 GROUP 6 ....................$ 26.97 18.24 GROUP 7 ....................$ 27.22 18.24 GROUP 8 ....................$ 27.47 18.24 GROUP 9 ....................$ 27.67 18.24 GROUP 10 ....................$ 27.97 18.24 GROUP 11 ....................$ 28.47 18.24 GROUP 12 ....................$ 28.90 18..24 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck.; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, I 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP B: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial. contact is not satisfactory, then the process described in 2.) and 3.) should be followed. 41F1 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 O.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator O.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board O.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 9.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 58 DATA UNIVERSAL NUMBERING SYSTEM (D -U -N -S) NUMBER Submit this form with the Executed Contract. If you fail to submit your D -U -N -S Number, the Department will not approve the contract CONTRACT NUMBER: x-1301 CONTRACTOR NAME: treCVl (;"OnLa��5 7ey IY►� BUSINESS ADDRESS (D -U -N -S Number Location): STREET: q l- A ,nn L16V S f - CITY: W, Nalov-a,-,� STATE: P4 ZIP CODE: q%451 D -U -N -S Number: 1 J y 2 I Contact Name: Dorn 4ewtetr5m Telephone No: 50g- (Q q Q- U20 8 59 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 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: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS o LABOR AND MATERIALS PAYMENT BOND a 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. Gill CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 CONTRACT THIS AGREEMENT, entered into this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Green Giant Landscape, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS The work necessary for the completion of this contract consists of mobilization, traffic control, construction notification, removing and disposing of existing landscaping and irrigation material, removing and disposing of concrete, debris, and any other material to accommodate project, installing landscaping and irrigation system, constructing concrete paving, curb and gutter, and driveway approaches, installing decomposed granite, installing headerboard, removing and installing of electrical meter and wiring, landscape establishment and maintenance, providing as -built drawings, and all other incidental items of work necessary to complete the work in place.\ WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4301, 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. 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. ml 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 Three Hundred Five Thousand, Four Hundred Sixty and 00/100 Dollars ($305,460.00). 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 Green Giant Landscape, Inc. 941-A Macy Street La Habra, CA 90631 562-690-6208 562-690-5029 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. 1. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least $1,000,000 each type for Contractor's 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. The insurer issuing the Workers' Compensation I -N insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than $1,000,000) per occurrence, $2,000,000 General Aggregate and $2,000,000 Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. 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 accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection 63 afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 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. c. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which 10 days notice is required.. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. 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. g. Waiver. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 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. 3. Contractor shall indemnify, hold harmless, and defend City, its officers, agents, 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 65 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. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 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. M IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: APPROV S TO FORM: Aaron C. F arp City Attorney 67 CITY OF NEWPORT BEACH A Municipal Corpora By: Nancy G d r Mayor LGRE,GIANT LANDSCAP , INC. (Co ate fficer) Title: President QPri ame: Donald L. Henderson B' (Financial Officer) Title: Treasurer Print Name: Donald L. Henderson CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH'LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 BOND NO. PB 115104 00051 Premium: Included with 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 Green Giant Landscape, Inc., hereinafter designated as the "Principal," a contract for construction of BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS, Contract No. 4301 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. 4301 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, Philadelphia Indemnity 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 Three Hundred Five Thousand, Four Hundred Sixty and 001100 Dollars ($305;400.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. M The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to 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 ? I St February 2012. 1, iAf-t [ ;r l �V 05'xr Green Giant Landscape, Inc. (Principal) jlljrllhorized SignatureiMe Philadelphia Indemnity Insurance Company Name of Sudety, 2600 West Olive Ave., 5th Floor, Burkink, CA 91505 Address of Surety (818)333-5195 Telephone i Authorized Agent Signature Linda D. Coats, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On F L?yyiit-o Z 1, 7171 L before me, Adelaide C. Hunter, Notary Public ' (insert name and title of the officer) personally appeared Linda D. Coats 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 hefsheFdtey executed the same in hisfhet4heir authorized capacity(ics), and that by his'IrerMieir 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. 1■ 1 0.7 1ADELAIDE C. HUNTER Commission N 1808793 d Notary Public _ California ; ` Orange County ' My Comm. ExplaLAa 8, 2012 13 PHILADELPHIA INSURANCE COMPANIES A elrmlua of We'rnklo Marine Croup PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 SL Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. Coats & Matthew J. Coats OF Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I 1^ day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18't' DAY OF JULY, 2011. •.�DFLPORATF3 •,• T Z_ .1927 m ,••'.o�'NNLVP��P:•O .• President yd.•••.da��``, Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18r" day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Nutadal Seal Ktmbedy A. Kessleski, Notary Public Loper Marlon TWP., MolugOrM ryCounty MY Canmtaslon EvIres Dec. 1e, 2012 Momben Pana VVmle AssodaCan all—11-0 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify, that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this ISar' day of July 2011 me we and correct and are stiI I in full force andeffect 1 do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 21St day of February 2012 Craig P. Keller Executive Vice President, Chief Financial Officer & Secretary CERTIFICATE OF ACKNOWLEDGMENT State of California County of / i l On / ¢— before me, personally appeared N 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. ROSIE TOLEDO Z COMM. 119A Fj4 z WITNESS my h fflcial seal. _ °NOTARY PUBLIC -CALIFORNIA • LOS ANGELES COUNTY r My Comm. Expires Nov. 15, 2014 tgna fNo Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Critic or description of attached document) CTitle or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NomryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowfedgmem completed in California must contain verbiage icactty as appears above in the rotary section or a separate acknowledgment form must be properly completed and attached to that dacument The only exception is if a document is to be recanted outside of California In such instances, any ahernative acknowledgment verbiage as may be primed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California r.e. certifying the authartzed capacity of the signer). please check the document corefulfy for proper notarial wording and atmch tits form ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization most be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then you title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/they; is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocumem recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment forth. • Signature of the notary public must match the signature on file with the office of the county clerk. c� Additional information is not required but could help to ensure this acknowledgment is not misused or touched to a different document. Indicate tide or type of attached document, number of pages and date. 8 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 BOND NO. PB 115104 00051 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,109.00 , being at the rate of $ Two Percent (2%) thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion. adopted, awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principar', a contract for construction of BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS, Contract No. 4301 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. 4301 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity 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 Three Hundred Five Thousand, Four Hundred Sixty and 00/100 Dollars ($305,460.00) 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. 70 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 lair 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 crto the avork 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 21st o Februa 2012. 1 Green Giant Landscape, Inc. (Principal) 7AUtti6ir ed Signat mr itle Philadelphia Indemnity Insurance Company Name of Surety 2600 West Olive Ave.. 5th Floor, Burbank, CA 91505 Addresi of Surety (818)333-5195 Telephone Authorized Agent Signature Linda D. Coats, Attomey-in-Fact Prim Name and T#le NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 71 C1ALIF®RNIA State of California County of Orange On V�1�2w1C1rLA21,'7-012 before me, Adelaide C. Hunter, Notary Public j (insert name and tide of the officer) personally appeared Linda D. Coats 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 ADELAIDE C. HUNTER n `<Notar o m Comission #F 1808793 Pu61is -- California z Signature /i -Orange County My Comm, Expires Aug 8, 2012 PHILADELPHIA INSURANCE COMPANIES A blemMrafncct'rokio V.Hra C., PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. Coats & Matthew J. Coats OF Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by die authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I I' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011. '"OEm0 -A 1927' M nc • m� •• �r✓SYLVP�: O� President ?'o• •Fy•••1`Nda,,` Christopher J. Maguire �............. President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH day of July 2011, before me came the individual who executed the preceding instmment, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to Said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Nolerial Saal klmbady A. keastaski, Notary Public Laurer Medon Twp, MontgomaryCounty My Cogaroulon Espaea Des 18, 2012 Mamber, Pennaytvenla Association d.—.1 -a PW 1 111015 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 201lace true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 21 St day of February 2012. Craig P. Keller Executive Vice President, Chief Financial Officer& Secretary CERTIFICATE OF ACKNOWLEDGMENT State of California �— County of On�8 �" before me, { , 01W �( (Here ins name and title ffi the ocer) personally appeared �%� P U who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/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. R70 WITNESS my ial seal. Signann fNo Public es Nov. 15, 2014 ADDITIONAL, OPTIONAL INFORMATION SIE TOLEDO COMM. # 1913342 z 'NOTARY PUBLIC - CALIFORNIAN LOS ANGELES COUNTY (Notary Seal) My Comm. Expir DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) El Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008Vcmion CAPAvl2.10.07800-873-9865 wwwNotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM My acknowledgment completed in California mast contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a documenr is to be recorded outside of California /n such instances, any alternative acbiowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something duR u illegal far a notary in California (i.e. certifying the authorized capacity of the signer). Please check the documem carefolfyfor proper notarial wording and attach nNs form ifrequhred. • State and County information must be the State and County when the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization mus[ be the dare that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hdshe/they,- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover rain or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public mint match the signature on file with the office of the county clerk Additional information is not required but could help m ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document m m the signed document SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GE\I•:RAL.—The work herein proposed will be Financed in whole or in pail mvith Federal fiords. and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- enmient and applicable to work financed in whole or in part with Federal hinds will apply to such work. The 'Require[] Contract Provisions. Federal -Aid Construction Contacts. "Form FHWA 1273. are included in this Section 14. Whenever in said required contract provisions references are made to "SHA conrictiug officer". "SHA resident engineer". or "authorized representative of the SHA". such references shall be consumed to mean "Eneiueer" as defined in Section 1-1.15 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—Ln ad- dition to the provisions in Section IL "Nondiscrintination." and Section VII. "Subletting or Assigning the Contract," of the re- quired contract provisions. the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning mry portion of the contract len excess of $10,000 will be considered under the provisions of Section VII of the required conh'act provisions unless such request is accompanied by the CERTIFICATION refen'ed to above. executed by the proposed subcontractor. NON-COLLliSION PROVISION.—The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code. Section 112, requires as a condi- tion precedent to approval by the Federal Hiehway Adrninisrotor of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person. hit. association. or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or coryortion his not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of fi'ee 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 perutted by 28. USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTI\G.—Pmt 26. Title 49. Code of Federal Regulations applies to this Federal -aid project. Penitent sections of siid Code are incorporated in pail or in its entirety within other sections of these special provisions. Schedule B—Lifonnation for Detenuinin_g Joint Venture Eli- gibility M (This form need not be filled in if all joint venture funis are minority owned.) FR -1 1. Name of joint venture 2. Address ofjoint venture 3. Phone number ofjoint venture 4. Identify the firms, which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non _VIBE joint venturer: 5. Nature of die joint venture's business 6. Provide a copy of the joint venture agreenunt. 7. NAutt is the claimer] percentage of MBE ownership". _ S. Ownership of joint ventre: (This need not be filled in if described in the joint venture agreement. provided by question 6.). Revised 3-95 OS -07-95 a Profit and loss shame. b. Capital contributions. includute equipment. c. Other applicable ownership interests. 9. Corurol of and participation in this contract. Identify by name. race; sex. and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision -snaking. hieludine. but not &mired to, those with prune responsibility for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. ivlarketing and sales 3. Hiring and firing of management personnel _ 4. Purchasing of major iters or supplies c. Supervision of field operations Note.—If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this regulation. there is any significant change in the information submitted. the joint venture must inform the grantee, either di- rectly or through the prime contractor if the joint vent re is a subcontractor. Affidavit "The undersigned swear that the foreeoine statements are cor- rect and include all material inforuation necessary to identify and explain the terns and operation of onrjoint venture and die untended participation by each joint venturer in the undertaking. Father. the undersigned covenant and agree to provide to grantee current. complete and accurate infornamion regrading ac- etal joint venue work and the payment therefore and any pro- posed changes in any of the joint venture arrangements and to permit the audit and exmunvltiou of the books. records and files of the joint vemitie. or those of each joint venturer relevant to the joint wennre. by authorized representatives of the grantee or the Federal finding agency. Any material misrepresentation will be grounds for terniinating any contract which nmy be awvaded and for initiating action under Fedeml or State laws conceruine false statements." Revised 3-95 0"7-95 50 FR -2 o .............f...F....h'm ....................................... Name . i ne" .o..f....Fin...... Nmue n ....................................................................... $ignrire $ieui Rine ....................................................................... Name N:une .............................................................................................. Title Title ............................................. I .............. ... Date Date Date Stole of County of On this _ day of . 19 _. before me appeared (Nanc) to we personally knOMI. who; bein2. duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) of&davit and did so as las or her free act and deed. Notary Public Co duission expires [Scat] Date State of to execute the County of On this _ day of . 19 —, before me appeared (Name) to me personally known; wlio; being duly sworn. did execute the foreeoine affidavit. and dirt state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public _ Con mission expires [Seal] REQUIRED CONTRACT PROVISIONS FEDERAL _AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers tinder the contractor's ilmuediate superintendence and to all work performed on the contract by piecework. station work. or by subcontract. 2. Except as othem ise provided for in each section. the con- tractor shall insert in each subcontractall of the stipulations contained in these Required Contract Provisions, and fiuthei it - quire their inclusion in any lower tier subcontract of purchase order that may in num be made. The Required Contract Provisions shall not be iucorpomted by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the .stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2: Section IV. paragraphs 1, 2. 3.4. and 7; Section V. pvagraphs 1 and 2a through 22. S. Disputes arising out of the labor standards provistairs of Section IV (except parnmaph 5) and Section V of these Requited 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. Depavnent of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contacting agency. the DOL. or the coutmctors employees or their representatives. 51 6. Selection of Labor: Dining the performance of this contract, the coutaetol' shall not: a. discriminate against labor from any other State. possession, or teritory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attaclmlent A). or b. employ convict labor for any purpose within the limits of the project unless it is labor per{ornned by convicts who are on parole. supervised release. or probation. E. IN ONDISCRIAILIATIO\ (Applicable to all Federal -aid construction contracts and to all related subcontracts of S 10.000 or max.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discrintiunte and to take affirmative action to nssure 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 is mollified by the provisions prescribed herein, and in - posed pmsunnt to 23 U.S.C. 140 shall constitute the EEO and specific affrntative action standards for the contractor's project 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 under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contest, the conumctor agrees to comply with the following miuinnun specific requirementactivities of EEO: a. The contactor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obfr- gatious and in their review of his/her activities under the con- tract. b. The contractor will accept as his operating policy the following statement: "If is the police of this Conrparrn to assure that applicants are emploved, and that employees are treated during emplo3ment, r-ithoua regard to their race, religion, say, color, national origin, age or disabilio� Such action shall include: employment, upgrading, demotion, or n-ansfer; recraimnent m, recruitment ad - revising; layoff or tenninafron; rates of pop or other forms of compensation; and selection for training, inchrding apprentice- ship, preepprendceship, andlor on-the-job nnining." 2. EEO Officer: The contactor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively FR -3 Foran 1273 — Revised 345 OS -07-95 Page I. General....................................................................... 3 II. Nondiscrimination...................................................... 3 III. Nonsegregated Facilities ............................................ 5 IV. Payment of Predeteninned \1ini mum Wage .............. 6 V. Statements and Payrolls ............................................. 3 VI. Record of Materials, Supplies. and Labor .................. 9 VII. Subletting or Assiguine the Contract ......................... 9 \qIL Safety: Accident Prevention ...................................... 10 IX. False Statements Concerning Highway Project .......... 10 X. hnplementation of Clean Air Act and Federal Water Pollution Control Act .................................................. 10 XI. Certification Regardine Debarment, Suspension. Ineligibility, and Voluntary Exclusion ....................... 11 \11. Certification Reearding Use of Conuact Funds for Lobbying........_.......................................................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers tinder the contractor's ilmuediate superintendence and to all work performed on the contract by piecework. station work. or by subcontract. 2. Except as othem ise provided for in each section. the con- tractor shall insert in each subcontractall of the stipulations contained in these Required Contract Provisions, and fiuthei it - quire their inclusion in any lower tier subcontract of purchase order that may in num be made. The Required Contract Provisions shall not be iucorpomted by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the .stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2: Section IV. paragraphs 1, 2. 3.4. and 7; Section V. pvagraphs 1 and 2a through 22. S. Disputes arising out of the labor standards provistairs of Section IV (except parnmaph 5) and Section V of these Requited 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. Depavnent of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contacting agency. the DOL. or the coutmctors employees or their representatives. 51 6. Selection of Labor: Dining the performance of this contract, the coutaetol' shall not: a. discriminate against labor from any other State. possession, or teritory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attaclmlent A). or b. employ convict labor for any purpose within the limits of the project unless it is labor per{ornned by convicts who are on parole. supervised release. or probation. E. IN ONDISCRIAILIATIO\ (Applicable to all Federal -aid construction contracts and to all related subcontracts of S 10.000 or max.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discrintiunte and to take affirmative action to nssure 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 is mollified by the provisions prescribed herein, and in - posed pmsunnt to 23 U.S.C. 140 shall constitute the EEO and specific affrntative action standards for the contractor's project 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 under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contest, the conumctor agrees to comply with the following miuinnun specific requirementactivities of EEO: a. The contactor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obfr- gatious and in their review of his/her activities under the con- tract. b. The contractor will accept as his operating policy the following statement: "If is the police of this Conrparrn to assure that applicants are emploved, and that employees are treated during emplo3ment, r-ithoua regard to their race, religion, say, color, national origin, age or disabilio� Such action shall include: employment, upgrading, demotion, or n-ansfer; recraimnent m, recruitment ad - revising; layoff or tenninafron; rates of pop or other forms of compensation; and selection for training, inchrding apprentice- ship, preepprendceship, andlor on-the-job nnining." 2. EEO Officer: The contactor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively FR -3 Foran 1273 — Revised 345 OS -07-95 administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Poliev: All members of the contractor's staff who are authorized to hire, super, ise, promote. and discharge employee,, or who recommend such action. or who are substantially involved in such action. will be made fidly cognizant of. and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each crude and classification of employment. To ensure that the above agreement will be met. the following actions will be taken as a minimum: a. Periodic meetings of supervisory and persomrel 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 ireetigs will be conducted by the EEO Officer. b. All new supervisory or persormel office employees will be given a thorough indoctrination by the EEO Officer. covering all nmjor aspects of the contractor's EEO obligations within diirrry clays following their repotting for duty with It contractor. c. All pesomel who are eneaged in direct recruitment for the project will be instructed by the EEO Office in the contractor's procedures for locating and hiring minority roup employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to im- plemeut such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks. or other appropriate means. 4. Recruitment: When advertising for employees. the contractor will include in all advertiscments for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed lin publications having a large circulation among mnirwrity groups in the area from which rite project work force would normally be denived. a. The contractor will. unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment tluoueh public :rad private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees. and establish with such identified souses procedures whereby minority group applicants may be referred to the coati actor for employnment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits rine contractor's cmnpliance with EEO contract provisions. (The DOL has held that where hnplementationof such agreements has the effect of discrimiramt"' m against minorities or women, or obligates the contractor to do the sane, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to Form 1273 —Revised i-95 OS -07-95 52 refer nnnority group applicants for employment. hmfornmation and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Acelous: Wages. working conditions. and employee benefits shall be e>tablished and administered. and personnel actions of cvery type. inchadine hiring. upgrading. promotion, transfer, demotion, layoff. and ienwirrahon. shall be taken without regard to race. color, religion. sex, national origin. age or disability. The following procedures shall be followed: FR -4 a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discrintutatory treatment of project site persomrel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discrnrinatorywage practices. c. The contractor will periodically ieviev selected p"somel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the reeiew indicates that the discrimination may extend beyond the actions reviewed. such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination trade to the coutmctor in connection with his obligations order this contract, will attempt to resolve such complaints, and will lake appropriate conective action within a reasonable time. If the investigation indicates that the discrimination nay affect persons other than the complainant. such corrective action shall include such other persons. Upon completion of each investigation. the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating. qualifying. mud increasing 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 connector shall make hall use of training programs. i.e., apprenticeship. and on-the-job training piogilmns for the ee- oemphical area of contract performance. Wiere feasible, 2S percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or hmirring. In the event n special provision for taming is provided wider this contract. this subpamgmpit will be superseded as indicated in the special provision. c. The connector will advise employees and applicants for enrploynicut of available training programs and entrance re- quirements for each. d. The contractor will periodically review the training and promotion potential of minority- group and women employees and will encourage eligible employees to apply for such hainine and promotion. i. Unions: If the contractor relies in whole or in pan upon unions is a source of employees; the contractor will use his'her best efforts to obtain the cooperation of such unions to increase opporttuuties for minority groups and women within the unions. and to effect referrals by such unions of rmhiority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- eration with the unions. joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. - b. The contractor will use bestefforts to incorporate an EEO clause into each union agreement to the cud that such union will be contractually bound to refer applicants in•idout regard to Vizir race, color. religion, sex, national origin, one or disability. c. The contractor is to obtain infonuation as to the referral practices and policies of the labor union except that to the extent such infomation is within the exclusive possession of the labor (non and such labor cellon refuses to fnmmsh such Information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts hove been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable Voir of minority and woven refen'als within the time lint set forth in the collective bareaiuine aereemem. the contracteir will. through independent recrntitiment efforts, fill the employment vacancies without reprd to race, color. religion. sex; national orignn. nee or disability: raking fill efforts to obtain qualified indGr qualifiable nninoritw group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer nninority employees.) hi the event the union refen'al prac- tice prevents the contactor fionn meeting the obligations ptusu of to Executive Order 11246, is amended, and these special provisions. such contractor shall innnediately notify the SHA. S. Selectiou of Subcontractors, Procurement of 'Materials and Leasing of Equipment: The connector shall not discriminate on the eroundsof race, color, religion, sex. national origin, nee or disability in the selection and retention of subcontactor's-. includun_g procurement of naterials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE). as defined in 49 CFR 26. shall have equal opportunity to compete for and perform .subcontracts which the contactor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids fionn and to utilize DBE subcontractors or subcontractors with meaningful minority groupand female representation among their employees. Contactor shallobtain lists of DBE construction frons from SHA persomnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance srith their EEO obligations.. 9. Records and Reports: The contractor shall keep such 53 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 (lines and places for inspection by au- thorized representatives of the SHA and the FHR'A. a. The records kept by the contractor shall document the Following: (1) The number of minority and nonatriuority group members and women employed in each work classification on the project: (2) The progress and efforts being made in cooperation with unions, wheu applicable, to increase employment op- portunities for minorities and women: (3) The progress and efforts being made in locating, hiring. training. qualifying. and upgrading minority and fcmale employees: and (4) Tice progress and efforts being made in securing the services of DBE subcontractors or subcontractors frith nteauingfid minority and female representation among their employees. b. The contractors will submit an armmnl report to the SHA each idly for the duration of the project, indicating the number Of minority, women. and moll-ntiority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Frain FHNA-1391. If ora -the -job raining is being required by special provision. the contactor will be required to collect and report trai inz data. III NONSEGREGATED FACILITIES. (.Applicable to all Federal -aid construction contacts and to all related subcontracts of SI0.000 or more.) FR -5 a. By submission of this bid2 the execution of this contract of subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder; Federal - aid construction contractor, subcontractor, material supplier. or vendor, as appropriate. certifies that the firm does not maintain or protide for its employees any sem'egnted facilities atany of its establishments, and that the font does not permit its employees to perform their services at any location. under its control. where segregated facilities aro maintained. The frnu agrees that. n breach of this certification is a violation of the EEO provisions of this contract. The fiat further celtifies that no employee will be denied access to adequate facilities on the basis of sex or. disability. b. As used in this certification. the tern "segregatedfacilities" meats any waiting rooms, work areas, icstrooms mud washrooms. restaurants and other eating areas. time docks. locker rooms. and other storage or dressing areas. parking lots. dtilikino fountains. recreation or entertmunient areas. transportation, mid 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 origh, age or disability. because of habit. local enstom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Fonn 1273 — Revised 3.95 09-07-9i c. The contractor a ices that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of .510,000 or more and that it will retain such certifications in its files. IN'. PAYMENT OF PREDETER ANTED NIIN'I'MUNI NAGE (Applicable to all Federal -aid construction contracts exceeding $'2.000 and to all related subcontracts, except for projects located on roachNays classified as local roads or nual minor collectors. which are exempt.) 1. General: it. All mechanics and laborcrs employed or %corking 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 perneitted by regulations (29 CFR 3)] issued by the Secretory of Labor nuclei the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) clue at time of payment. The paymentshall be computed at icaee rates not less than those contained in the wage detetmiumion of the Secretary of Labor (hereinafter "the %rage detemrhintion") iclnich is attached hereto and rmade a part hereof. regardless of any contractual relationship which may be alleged to exist betnxen the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Forint FH -WA -1495) shall be posted at all times by the contractor and its subcontractors at the site of the ivork in a pronninent and accessible place inhere it can be easily seen by the workers. For the purpose of this Section; contributions ninde or costs reasonably' anticipated for born fide fringe benefits under Section 1(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 provisions of Section N. paragraph 3b, hereof. Also. for the pnpose of this Sectioi . regular contributions rade or costs inewred for note than i %seek]}' period (bill not less often than quarterly) nuclei- 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 nteclianics shall - be paid the appropriate wage rate and fi'inge benefits on the stage deter- mination for the classifremior 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 compensated at the nate specified for each classification for the time actually worked therein, provided. that the employet's payroll records accurately set forth the [lite spent in each classification in which work is perfonmed. c. All nilings and interpretations of the Davis -Bacon Act and relined acts contained in 29 CFR 1. 3. and 5 are herein incorporated by reference in this contract. Form 1273 — Revised 3-95 08-07.95 54 FR -6 2. Classification: a'The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract. which is not listed in the nage determination, shall be classified in conforinmce with the wage determination. b. The contracting office' shall approve in additional classification, wage rate and fringe benefits only when the following criteria Ince 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. including any bona fide fringe benefits. beaus a reasonable relationship to the mage rates contained in the wage determination: and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. if the contractor or subcontractors. as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives. and the eontmetiug officer agree on the classification and %cnge rate (including the amount designated for fringe benefits where nppropriate), a report of the action taken shall be sent by the contractine officer to the DOL. Administrator of the Nage and Hour Division. Employment Standards Administration. Washington. D.C. 20210. The Wage and Hour Aduwustntor._ or an authorized representative, %,Till approve. modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. d. In the eceut the contractor or subcontractors. as appro- priate, the laboeis or mechanics to be employed in the addi- tional classification or thein representatives,. and the contracting officer do not agree on tis proposed classification and wage rate (including the amount designated for fivnge benefits, where appropriate). the contractiral officer shall refer the questions. including the views of all interested parties and the recon neudmiom of the contracting officer, to the Wage mid Hour Administrator for determination. Said Administrator, or an authorized representative. will issue a detelwirmtion within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -any period that additional time is necessary e. The wage rate (including f inee benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section N shall be paid to all workers performing work in the additional classification from the fust day, on which work is performed it the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as in hourly rate. the contractor or subcontractors, as appropriate. shall either pay the benefit as stated in the %caste determination or shall pay another bona fide £time benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor. as appropriate, floes not make payments to a trustee or other thud person. he.Cshe may consider as a pan of the wages of any laborer or mechanic the amount of any costs reasonably, anticipated in providing bona fide hinge benefits tinder a plan or promnm, 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 requite 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 F.S. DOL) and Helpers: n. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona F apprenticeship promam registered with the DOL. Employment and Traimine Acfmhnistration. Bureau of Apprenticeship and Training, or with a State apprenticeship agency recomlized by the Bureau. or if a person is employed in his/her fust 90 days of probationary employment as an apprentice in such an apprenticeship program. echo is not incinidnally registered in the program. but who has been certified by the Bureau of Apprenticeship and Trainumg or a State apprenticeship agency (where appropi inte)to be eligible for probationary employment as an apprentice. (2) The allocable ratio of apprentices to joumeynan-level employees on the. job site in any craft classification shall not be greater than the ratio peronitted to the contractor as to the entire work force under the registered prograrir. Any enrployce listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as .stated above, shall be paid not less thin fire applicable wage rate listed in the wage detenirmation for the classification of work actually performed. In addition, any apprentice performing work on die job site in excess of the ratio permitted under the ieoisteed promnnm shall be paid not less than the applicable wage rate on the uvage determination for the work actually petiormed. Nhere a contractor or subcontractor is perforntirm construction on n project in a locality other than that in 11 ch its program is reensteied, the ratios and wao_e rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's of subcontractors registered program shall be obseved. (3) Ecey apprentice must be paid at not less than the rate specified in the registered program for the apprentices level of progress, expressed as a percentage of the joumeyntan- level hourly, rate specified in the applicable usage determination. Apprentices shall be paid hinge benefits in accordance with the provisions of the apprenticeship proeram. If the apprenticeship promnm does not specify fringe beuefrts. apprentices must be paid the full arnamn of fringe benefits listed on the wage deteminatiou for the applicable classification. If the Administrator for the Wage and Hom' Division determines that a different practice. prevails for the applicable apprentice classification. fiinges shall be paid in accordance with that determination. FR -7 55 (4) In the event die Bureau of Apprenticeship and Training. or a State apprenticeship agency recognized by the Bureau. withdraws approval of an apprenticeship promnm. the contrnetoror subcontractor will no longer be permitted to utilize apprentices at less than the applicable piedetenuined rate for the comparable morlc performed by regular employees until i m acceptable pro. -Mill is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16. tinhrees 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 foetal certification by the DOL. Employment and Trahmi ng Admiuistrmtion. (2) The ratio of trainees to jourreynau-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Trainine Administration, Any employee listed on the payroll at a trainee rate who is not regrsterecl and participating in a training plan approved by the Employment and Training Adnrirustration shall be paid not less than the applicable wage late on the Wage deteram ation for the classification of %cork actually performed. In addition. any trainee performing work on the job site in excess of the ratio permitted under the registered programs shall be paid not less than One applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for hislher level of progress. expressed as a peeennize of the journeyman -level hourly rate specified in the applicable wage detentvnarion. Trainees .shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the fill amount of fringe benefits listed on the wage determination furless the Adurinisirator of the \Nage and Hour Division determines that there is air apprenticeship promnm associated with the corresponding journeymen -level nage rate on the wage determination which provides for less than frill hinge benefits for apprentices; in which case .such trainees shall re- ceive the same Liuge benefits as apprentices. (4) In the event the Employment and Tminine Minims- tration withdraws approval of a training promnm.. the con- tractor or .subcontractor will no longer be pemritted to utilize trainees at less than the applicable predetemnined rate for the work performed until an acceptable program is approved. c. Helpers: Helper 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 confommnnce 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 die applicable wane rate on the wage determination for the classification of work actually perfmined. Four 1273 — Revised 3-95 OW7-95 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees ivorking under appren6ceslup and skill training programs which hire been certified by the Secretary of Transportation as promoting EEO in cormectiom with Federal -aid highway construction programs are not subject to the requirements of parngraph 4 of this Section A'. The sn'aight little hourly wage rates for apprentices and trainees under such programs will be established by the particular proorans. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by die teams of the pvticulm program. 6.''ithholding: The SHA shall upon its own action or upon miten request of an authorized iept'esentative of the DOL withhold, of cause to be withheld. from the contractor or subcontractor under this contract or any other Federal contract with the sanic prime contractor, or to v other Federally -assisted contract subject to Davis -Bacon prevniling wage requirements' which is held by the same prime contractor; is 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 hall amount of wages required by the contract. In the event of failure to pry 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 die contract, the SHA contracting officer may. aper written notice to the contractor, take such notion is may be necessary to cause the suspension of any hither payment. advance, or suaramee of finds until such violations have tensed. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers. mechanics. witclmreu, of goads (including apprentices, trainees, and helpers described in paragraphs 4 and S above) shall. require or permit any laborer. mechanic, watchman. or guard in any workweek in which hdshe is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or grmrd receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. S. Violation: Liability for unpaid Wages: Liquidated Damages: In the ecem of any violation of the clause set forth in paragraph 7 above the contractor and any subcontractor responsible thereof shall be liable to die affected employee for his!her unpnid treses. In addition. such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for die District of ColumGia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic. watchman. or guard employed in violation of the clause set forth in paragraph 7. in the sura of S10 for each enleudir day on which such employee was required or permitted to work in excess of the standard work week of 40 hones without paymentof the overtime mages required by the clause set forth in paragraph 7. Form 1273 — Ire: {sen 3-95 03-07-95 56 9. 'Withholding for Unpaid Wages and Liquidated Damoges: The SHA shall upon its own action or upon written request of any authorized representative of the DOL wilhhold, or cause to be withheld, front any monies payable on account of work performed by the connector of subcoutractor tinder any such contract or any othel' 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 rally be determined to be necessary to satisfy any liabilities of such connector or subcontractor for unpaid stages and liquidated damages as provided in the clause set forth in paragraph S above. \-. STATE\LENTS AND PAYROLLS (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 nuill collectors. which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2, Payrolls mud Payroll Records: FR -8 a. Payrolls and basic records relating thereto shall be imumained by the contractor and each subcontractor during the course of the work .and preserved for a period of 3 years from die date of completion of the contract for all laborers. mechanics, apprentices, trainees witclunen, helpers, and guards working at the site of the work. b. The payroll r'ecor'ds shall contain the name, social security number, and address of each .such employee; his or her correct classification: hourly races of wase& paid (including rates of contributions or costs anticipated for bona fide hinge 6enehts or cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon Act): daily and weekly number of hours worked: deductions made; and actual wages paid. hi addition. for Appalachian contracts. the payroll records shall eomeht a notation indicating whether the employee does. or does not, normally reside hl the labor area is defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to See - tion IV, paragraph 3b. has found that the wages of any laborer or mechanic include the amountof any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall mahnaiu records which show that the conuiltnent to provide such benefits is enforceable, that to plan or program is financially responsible. that the plan or program has been coi n iunicated in isiiting to the laborers of mechanics affected. mid show the cost autieipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or triunes tinder approved programs shall maintain written evidence of die registration of apprentices and trainees. and ratios and wage rites prescribed in the applicable program. - c. Each contractor and subcominctor shall fiuvish, each week in which any contract work is performed. to the SHA resident engineer a pay,'oIL of wages paid cacti of its employees (including apprentices, trainees. and helpers. described in Section IV, paragraphs 4 and 5, and watcluuen and guards en- gaged on work dining the preceding weekly payroll period'). The payroll submitted shall set out accurately and completely all of the information required to be maintained under pmagraph 2b of this Section V. This information may be submitted in any form desired. Optional Form IVH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1). U.S. Government Printing Office. Washington. D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by n "Statement of Compliance," sinned by the conh'actor or sub- contractor or hisAter agent who pays of supervises the payment of the persons employed wider die contract and shall certify the following: (1)that the payroll for the payroll period contains the information required to be maintained under pa agrnph 2b of this Section V and that such inforation is convect and complete: (2) that such laborer or mechanic (including each helper, apprentice. and trainee) enrlhhoyed on the contract during the payroll period has been pard the full weekly wastes gamed. without rebate, either directly or indirectly. and that no deductions have been made either directly or indirectly Bom the fill wages carred; 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 fi-inge benefits or cash equivalent for the classification of worked perforated. as specified in the applicable wage detenntiation 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 requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The Gilsification of any of the above certifications may subject the contractor to civil or criminal prosecution tinder 1S U.S.C. 1001 and 31 U.S.C. 231. o. The coutrnctoi or subcontractor shall make the records re- quired tinder paragraph 2b of this Section V available foruspec- tion. copying. or transcription by authorized representatives of the SHA. the FHWA,. or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submii the re- quired records or to make them nvailable, the SHA. the FHWA. the DOL. or all may. after written notice to the contractor, sponsor. applicant, or outer. take such actions as may be nec- essary to cause die suspension of any hither payment. advance. or guarantee of fiords. Furthermore. failure to submit the required records upon request or to make such records available 57 may be grounds for debarment action pursuant to 29 CFR 5.12. A"I. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System. except those which provide solely for the installation of protective devices at railroad grade crossings.. those which are constructed on a force account or direct labor basis; highway beautification contracts. and contracts for which the total final construction cost for roadway and bridge is less than SI,000,000 (23 CFR 635) the contractor shall: a. Become familia' with the list of specific nLvterials and supplies contained in Form FHWA-47. "Statement of \-late ials and Labor Used by Contractor of Highway Construction Involving Federal Funds." prig to the cormnencement of work- under okunder this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and iucopointed in the work, and also of the quantities of those specific materials and supplies listed on Foran 17I-171,l+A-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract. to. the SHA resident engineer on Fort FHWA-47 together with the data required in paragp'aph lb relative to materials and supplies, a final labor summary of all contract work hidicatin_o the total hours worked and the total amount earned. ? At the prime contractors option, either a single report covering all contract work or separate reports for the contractor and for each subcontinet shall be submitted. VH. SUBLETTLNG OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greats 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 perforated by subcontract and the amount of any such specialty' items performed may be deducted f -om the total on -hal contract price before computing the amount of work required to be performed by the contractor's onsn organization (23 CFR 635). FR -9 a. "Its o%vii organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, wide or without operators. Such tern does not include employees or equipment of o subcontractor. assignee, or agent of the prune 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 organi . tiers qualified and expected to bid on the contract as a whole and in -conal are to be limited to minor components of the overall contract. Fona 1273 — Revised 3-95 OM7-95 2. The contract amount upon which the requirements set forth in parasiaph 1 of Section VII is computed includes the cost of material and manufachu'ed products, which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supe risoi who is employed by the fent has hill authority to direct perfonnwce of the work in accordance with tine contract requirements. and is in charge of all construction operations (regardless of who perforans tfie work) and (b) such other of its mon organizational resources (supervision. muanagement, and engineering services) as the SHA contactine officer determines is necessary io assure the performance of the cinnlact. 4. No portion of the contract shall be .sublet. assigned or otherwise disposed of except with the written consent of the SHA contracting officer. or authorized representative. and such consent when given shall not be consmued to relieve the connector of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prune contract. VILL SAFETY: ACCIDENT PREVENTION 1.111 the performance of this contract the contractor shall comply with all applicable Federal. State. and local laws governing safety. health, and sanitation (23 CFA 635). The contractor shall Provide all snfeguards. safety devices and protective equipment and take any otter needed actions as it determines. or as the SHA. contractine officer may detemuine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the perfonnauce of the work covered by the counact. ? 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 rte contractor anti any subcontractor shall not peruit any employee, in perforr»auce of the contract. to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, is determined wider construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor. in accordance with Section 107 of the Contmet Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3. it is a condition of this contract that the Secretary of Labor or authorized representative thereof. shall have right of entry to any site of contract performance to inspect or investigate the nvatter of compliance with rhe construction safety and health standards and to curry out the duties of the Secretory under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). LX. FALSE STATEMENTS CONCERNING HIGHIVAT PROJECTS In order to assure high quality and durable construction in coufotnnit - kith approved plans and specifications and a high degree of7rehability on statements and representations made lay engineers. contractors. suppliers, and workers on Federal -aid luolnway pro ects. it is essential that all persons concerned with the project permm their functions as cirefilly, thoroughly, and honestly is possible. Willful falsification, distortion, or mis- representation with respect to any, facts related to the project is a violation of Federal lay. To prevent any misunderstanding ie - Form 1273—Itetisee 3.95 09-07-95 m _aiding the seriousness of these and similar acts; the fallowing notice shall be posted on each Federal -aid highway Project (23 CFR 635) in one or come places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL. AIDHIGHWAY PROJECTS 13 U.S.C. 1020 reads as follows: "Mioerer being an officer, agent, or ernplovee of the United States, or arm+ State or Terrlton; op, whoci er, whether a person, association,im, or corporation, knoringlq makes any false waren ja se representation, or false repori as to the character, gnnlio, quontfv, ocost of the mareral used or to be used, o- the quantity or qualim of dna winch performed or to be per{omed, a) - the cost thereof in ronrection frith the submission of plans, maps, specifications, contracts, o- costs of cosn'ucnon on cry hwhuerc or related project submitted for approval to the Secretan• of Transportation; or Whoa,er Imowingly makes any false statement, false iepre- sentation, false report or false claim with respect to the chat acter, quality, q+anri0; or cost of arty work pcifonmed or to be per- fumed, or rnarenials ftm7dshed or' to be f wished, in connector with the consmiction of mm highway or related project approved w the Secrearn of Transportation; or Whoever Imoringiv makes any false statement or false repre- smiration as to material fart in mor statement, cc? tz care, op- report submitted pnrsuorr to provisions of the Federal -aid Roads Act approved July 1, 1916, 09 Sat. 355), as amended and sup- plemaued; Shall be fined not more that SI0,000 or imprisoned not more than 5 rears or bah." 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 5700.000 or more.) By submission of this bid of the execution of this counact. or subcontract, as appropriate, the bidder. Federal -aid construction couuacton or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless .such contract is exempt nuclei the Clean Air Act, as amended (42 U.S.C. 1557 et seq.. as amended by Pub. L. 91.604). and ruder the Federal Witte' Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11735. and regtlatious in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. En%ironmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. - 2. That the firer agrees to connply and remain in compliance with all the regnhemeuis of Section 114 of the Clew Air Act and Section 308 of the Federal Water Pollution Control Act and all remilations and guidelines listed thereunder. 3. That the fun shall promptly notify the SHA of the receipt of any communication frons the Director, Office of Federal Activities. EPA, indicating that a facility that is of will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include of cause to be included the requitement of paragraph I tluough 4 of this Section \ in every nonexempt subcontract, and finther agrees to take such action as the govertmunt may direct as a means of enforcing such re- quirements. %I. CERTIFICATION REGARDL\-G DEBARMENT. SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Cowered Transactions: (Applicable to all Federal -aid contacts - 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 deilal of participation in this covered ttuhsaction. The prospective participant shall submit ran explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the departuieht or agency's detemnination whetter to enter into this transaction. However. failm'e of the prospective prinary participant to fiintish a certification or an explanation shall disqualify .such a person from participation it this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to eater into this transaction. If it is later cletevnined than the prospective primary participant krnowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency may terminate this transaction for cause of default. d. The prospective prinary participant shall provide im- mediate written notice to the department or agency towhom this proposal is submitted if any time the prospective primary participant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The temps "covered transaction," "debarred." "suspended." "ineligible." "Iowa- tiff covered transaction." "participant;' "person." "prituary covered transaction." "principal." "proposal," and "voluntarily excluded." as used in this clause. have die meanings set out in the Definitions and Coverage sections of odes implementing Executive Order 12549. You may contact the department of agency to which this proposal is 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 enter into any lower tier covered transaction with a person who is debarred, suspended. declared inelieible, or voluntarily excluded firon participation in this covered Cransaction. unless authorized by the department or agency entering into this transaction. FR -11 59 g. The prospective prinary participant further agrees by si&aittng 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 enteine into this covered transaction, withoutmodification. in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered n'ansachon may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred. suspended. ineligible. or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and fi-equency by which it determines the el- igibility of its principals. Each participant may, but is not required to. check the nonpiocuientent portion of due "Lists of Parties Excluded From Federal Procurement of Nouprocunement .Programs" (Nonpiocurennent List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to rcqui'e establislnnnent of a system oCieeirds in cedar to render in good faith the certification regnired by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions. if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended. debarred. ineligible, or voluntarily excluded from participation in this tausaction. in addition to other remedies available to the Federal Govemm�ent, the de- partment or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Pi imary Covered Transactions 1. The prospective prinary participant certifies to die best of .its knowledge and belief, dint it and its principals: a. Ate not presently debarred, suspended, proposed for debarment, declared ineligible. or voluntarily' excluded frons covered transactions by any Federal department or agency: b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for eotmnssion of laud or a crinninl offense in connection with obtaining, attempting to obtain. or pefonnmg a public (Federal. State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement. theft. forgery. bribery, falsification or destruction of records. making false statements. or receiving stolen property; c. Are not presently indicted for or othetuvise criminally or civilly charged by a gowci nnental entity (Federal. State or local) with conumssion of any of the offenses enumerated in paragraph lb of ibis certification: and Fomn 1273 — Revised 3-93 03-07-93 d. Have not within a 3 -year period preceding this ap- plicationiproposal had one of more public transactions (Federal, State or local) tuvtinated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such paspective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective loner tier is providinlg the certification set outbelow. b. The certification lin this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later detemlined that the prospective loner tinparticipant knowingly rendered an erroneous certification. in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated nuty pursue available remedies, including suspension anchor debamsut. e. The prospective lower tier participant shall provide inunediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circuus[auces. d. The terars "covered transaction." "debarred," "suspended," "ineligible." "primary covered transnetio :" "participant" "person." "principal," "proposal," and "voluntarily cxcluded." as used in this clause. have the mxwings set out ' the Definitions and Coverage sections of odes implementiug Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those rcenlatious. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended. declared inefieible, or voluntarily excluded firm participation in this covered hnnsaction. unless authorized by the department or agency with which this transaction originated. f. The In ospectivc lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debaruteut. Suspension. Ineligibility and Voluntary Excision -Lower Tier Covered Transactions" without modification, lin all lover tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lover tier covered transaction that is not debarred. suspended. ineligible. or voluntarily excluded front the covered transaction. unless it. knows that the certification is erroneous. A participant may decide the method and fretluency by which it deie'mures the el- igibility of its principals. Each participant may, but is 1101 Form 1273—Revised 3-95 08-07-95 requued to, check the N miprocurement List. It. Nodding contained in the foregoing shall be construed to require establislunent of a system of records in order to render in good faith the certification required by this clause. The inowledee and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a coN'cred transaction knonitgly enters into a lower tier covered transaction with n person who is suspended, debarred, ineligible, or voluntarily excluded fi-onh participation in this tram acorn, ill addition to other remedies available to the Federal Government, the de- pmtnrent or agency with which this transaction originated may pursue available remedies, including .suspension anllor debarment. CertiBcntion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Cohered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal. that neither it nor its principals is presently debarred. suspended, proposed for debarment, declared ineligible. or voluntarily excluded from participation in. this transaction by any Federal department or nee11cy. 2. jlglerc the prospective lower tier participant is unable to certify to any of the statements in this certification. such prospective participant shall ranch an explanation to this proposal. x�ax: XII. CERTIFICATION REGAI?DL\G USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid cohunvetion contracts and to all related subcontracts which exceed $100.000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her krrowlederc and belief. that: - a. No Federal appropriated funds pace 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. 11n officer or employee of Congress. or an employee of a Mennber of Congress in connection with the awarding of any Federal contract. the making of ally Federal grata, the making of any Federal loom. the enterhigg into of any cooperative agreement. and die extension. continuation. renewal, anneudment. or modification of any Federal contract. grant, 10111. or cooperam a agreement. h. If any fiords other than Federal appropriated finds have been paid or will be paid to any, person for influencing or attempting to influence au officer. of employee of any Federal agency. a Mcmber of Congness. an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract. FR -12 m grant. loan. or cooperative agreement. the undersigned shall complete and submit Standard Foam -LLL, "Disclosure Form to Report Lobbying," in accordance with its innshvctiolm 2. This certification is a material representation of fact upon which reliance n'as placed when this transaction was made or en- tered into. Submission of this certification is a prerequisite for mmkine 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 S 100.000 for each such failme. 3. The prospective participant also agrees by subnnihing his or her bid or proposal that he or she shnll require that the language of this certification be included in all lower tier subcontracts. which exceed 5100,000 and that all such recipients .shall certif}, and disclose accordingly. FEDERAL -AID FEILILE AND VIIi\-ORITY GOALS In accordance with Section IL 'Nondiscrimination,"of 177 Sacmmento. CA:"Requh'ed Contract Provisions Federal -aid Consuaction Contracts' the following are the goals for female utilization: SMSA Counties: Sacramento. CA .................................. 16.1 Goal for Women CA Placer; CA Sacramento; CA (applies nationwide)..............(percent) ......... 6.9 CA Yolo. The following are goals for minority utilization Non -SMSA Counties ........................................ 14.3 CA Butte; CA Colusa; CA EI Dorado; CA CALIFORNIA ECONOMIIC'AREA CA Nevada: CA Sierra: CA Sutter; CA Yuba. Goal (Percent) 173 Stockton -Modesto. CA: 174 Redding. CA: SMSA Counties: Non -SMSA Counties ................................... 6.S 5170 Modesto, CA...................................... 12.3 CA Lassen; CA Modoc; CA Su mislaus. CA Minims: CA Shasta; 8120 Stockton. CA ...................................... 24.3 CA Siskiyou; CA Tehannn. CA San Joaquin. 175 Eureka, CA: Non -SMSA Counties ........................................ 19.8 CA Alpine: CA Amndor; CA Calaveas: CA Mariposa; Non -SMSA Counties ................................... 6.6 CA Merced: CA Tuohmme. CA Del Norte: CA Humboldt: CA Trinity. 179 Fresno -Bakersfield. CA: 176 San Francisco -Oakland -Sam Jose, CA: SMSA Counties: 0650 Bakersfield. CA .................................. 19.1 SMSA Counties: Kern. 7120 Salinas -Seaside -CA 2840 Fresno. CA .......................................... 26.1 Monterey. CA ........................................... _28.9 CA Fresno. CA Monterey. Non-SMCotsties........................................ 'SA 7360 San Francisco-Oaldand, CA ................. 25.6 CA Kings; CA Madera: -3.6 CA Alameda: CA Contra Costa: CA Tulare. CA Marin: CA San Francisco: CA Sem Mateo. 180 Los Angeles. CA: 7400 San Jose. CA ........................................ 19.6 - CA Santa Clara. SMSA Counties: 7435 Santa Cruz. CA .................................... 14.9 0360 Anaheinn-Santa Ana -Garden CA Santa Cruz. Grove, CA ................................................ 11.9 7500 Santa Rosa. CA .................................... 9.1 CA Orange. CA Sonoma. 4480 Los.Angeles-Long 8720 Vallejo -Fairfield -Napa, CA ................. 17.1 Beach. CA................. ................... 28.3 CA Napa: a; CA Solana CA Los Angeles. 6000 Oxnard -Sufi Valley - Non -SMSA Counties ........................................ 23.2 Venhrra, CA.............................................. 21.5 CA Lake: CA Mendocino: CA Ventura. CA San Benito. FR -13 61 Fomr 1273 — Revised 3.95 03-07-95 6730 Riverside -San Betnardino- Ontaio, CA ............................................... 19.0 CA Riverside; CA San Bernardino, 7480 Santa Barbara -Sarna Maria - Lompoc. CA ............................................. 19.7 CA Sana Barbara. Non -SMSA Counties ........................................ 24.6 CA hryo: CA Mono: CA San Luis Obispo. 181 San Diego. CA: SMSA Counties 7320 San Diego. CA .................................... 16.9 CA San Dieeo. Non -SMSA Counties ........................................ 18.2 CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including nnateriat suppliers. of $10;000 or more, shall submit for every month of July during which work is performed, employment data as contained under Fonn FH'%VA PR -1391 (Appendix C to 23 CFR Part 230). and in accordance with the instructions included thcrcon. Form 1273 — Revised 3.95 08-07-95 FR -14 WA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 FEDERAL PROGRAM NO.: RPSTPLE 5151(025) 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. 4301 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @{'�w7- }� oux %g AJDollars and tjo Cents Lump Sum 2. Lump Sum Traffic Control @V%,)5- --OnJ t Dollars and 1J o Cents Lump Sum 3. 4,500 C.Y. Unclassified Excavation $ cj 000 v o @ Dollars and *Jo Cents $5,00 $ 2z,5op o0 Per Cubic Yard PR2of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0 R Q 350 L.F. Remove and Construct Type "A" P.C.C. Curb and Gutter @ vU Dollars and NO Cents $ 1;' oo $ g 7t= O pe Per Linear Foot Lump Sum Clear and Grub Site @ I�(\ A-Voos rk dd Dollars and N Cents $ `_(00 d 1)d Lump Sum 107 C.Y. Furnish and Install Fill Soil Dollars and _ r� o Cents $ \ O F' $ \0-70.1)0 Per Cubic Yard 7. 1 EA a Remove Existing Meter Cabinet @ ONe �- nosarj Dollars and No Cents Each $ looe ` $ 65 L.F. Jack & Bore 1-1/4" Schedule 80 PVC Sleeves @ _ Dollars and IJ0 Cents $ 2o90 $ V3oo6o Per Linear Foot 970 L.F. Jack & Bore 6 -Inch Schedule 80 PVC Sleeves @ � 2 Dollars and ND Cents $ Oep $ 2 q 1o0 00 Per Linear Foot WMIMAb7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE iL 11 12. 1 EA Furnish and Install Irrigation Controller with Pedestal @ QIM i \noJs AADollars and t_1 o Cents $ 8000° o $ q5 0 0 0 0 0 Each 1 EA Furnish and Install Myers Single -Meter Cabinet @!Sf-JPr\ tinOJ$r+n�Dollars and iJb Cents $ -700o°O $-l000ao Each 750 L.F. Furnish and Install 120 VAC Wires @ Vn L) 2 Dollars and No Cents $ Do Per Linear Foot 13. Lump Sum Furnish, Install and Repair Wire Conduit (AVJo t-VNpu5(l (J Dollars and 14. 15. Lump Sum 1 EA Furnish and Install 1-1/2" Water Meter @ \'\ J ©Dollars and o 0 Na Cents $ 5000 . Each $ '300000 $ 2000' $ 5000° o 1 EA Furnish and Install 1-1/2" Backflow Prevention Assembly ak(pe, "ousapkbollars and No Cents $ 600 $ 300000 Each PR4of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 16. 1 EA Furnish and Install 1-1/2" Master Valve @Two��ldJsrsvO Dollars and Wo Cents $ 2Doo°U $ 20oo° Each 17. 1 EA Furnish and Install 1" Flow Sensor @One 4 to,, AW Dollars and N o Cents $ lOpOa" $ l 000a ° Each 18. 20 L.F. Furnish and Install 1" Schedule 80 PVC Sleeve @ -�W L A k.. Dollars and 0 yJ� Cents $ IZOPO $ Per Linear Foot 19. 3 EA Furnish and Install 10" Round Irrigation Pull Boxes @ } '��,t Dollars and NJ Cents $ So $ Isop0 Each 20. 33 EA Furnish and Install 1" Quick Coupling Valves @ t V1z na-v C j -p Dollars and No Cents $ -75"0 $ 2y75 00 Each 21. 3,800 L.F. Furnish and Install 3" Irrigation Mainline @ Ft \) e- Dollars and N0 Cents $ 5 °O $ 101 000.00 Per Linear Foot =4901601 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 9 EA Furnish and Install Ball Valves @t�nr2� vAOWDollars and N o Cents Each 23. 4 EA Furnish and Install %" Remote Control Valves @'fWo yk)pntcb Dollars and oo a N0 Cents $ -7,zo $ Each 24. 18 EA Furnish and Install 1-1/2" Remote Control Valves @ � (W atj Dollars and Cents $ 300°J $ 5yoo°° Each 25. Lump Sum Furnish and Install Irrigation Heads and Lateral Lines SfVe„t� k-�Po } hc�s ewd @o,.,, V)Qn Dn d •hjiNe Dollars and OD N o Cents $ 7 91 Lump Sum 26. Lump Sum Furnish and Install Recycled Water Identification Signage @60e� c, osmil Dollars and rCents $ woooa Lump Sum 27, Lump Sum Furnish and Install Finish Grade @ Dollars and No Cents $ 50DO�o Lump Sum PR6of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE CO Lump Sum Weed Abatement Program @ Dollars and iJy Cents Lump Sum 3,000 L.F. Furnish and Install 2"x4" Redwood Headerboard $ 2000gll @ � w o Dollars and NNO Cents $ 2-F1 Per Linear Foot 30. 6,660 S.F. Furnish and Install 3" Thick Stabilized Decomposed Granite Paving @ Lue Dollars and NO _ Cents $ LW $ 2(.0L_� O,00 Per Square Foot 31. 150 S.F. Construct 4" Thick P.C.C. Paving 32. @<S x Dollars and N o Cents $ o a Per Square Foot 4 EA Construct Commercial P.C.C. Driveway Approach @ wo Dollars and No Cents $ 20 C) cp, Each 33. 33,600 S.F. Furnish and Install 2" Thick Mulch GES}s @ ¢ Dollars and Cents $ Per Square Foot $ cm _0 $ 3Ooo °o $ \D Ogoco PR7of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 178 EA Furnish and Install 5 -Gallon Arctostaphylos 'Pacific Mist', (Pacific Mist Manzanita) @ 4WP_\oE Dollars and No Cents $ 7,, $ gk3 go Each 35. 206 EA Furnish and Install 5 -Gallon Acacia redolens 'Desert Carpet', (Prostrate Acacia) @ V W i \ JC_ Dollars and h10 Cents $ 1 Z- $ -Lo Each 36. 156 EA Furnish and Install 5 -Gallon Arbutus unedo 'Compacta', (Strawberry Bush) @ i W%�Ji Dollars a Nr and -z$ `Z °o $ \,a 7`L go Each 37. 173 EA Furnish and Install 5 -Gallon Caes1alpinia gilliesii, (Yellow Bird of Paradise) @ TW-0Jt Dollars and Nr) Cents $ IZou $ 207(po0 Each 38. 198 EA Furnish and Install - Gallon Carissa macrocarpa 'Green Carpet', (Green Carpet Natal Plum) @ Dollars and Nrj Cents $ $ -2-3-7t,9100 Each 39. 95 EA Furnish and Install 5 -Gallon Elaeagnus pungens, (Silverberry) @vy- \ J5 _Dollars and o„ NO Cents $ I 2 � I c1D o $ 1D Each N:i�.TiTiG, ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. 51 EA Furnish and Install 5 -Gallon Hemerocallis Hybrid 'Sun Twist', (Daylily) @ �k IA_U. L Dollars and r� i7 Cents $ Vz P" $\ po Each 41. 65 EA Furnish and Install 5 -Gallon Lantana 'New Gold', (New Gold Lantana) @ W tJ Q L Dollars and o N o Cents $ Each 42. 159 EA Furnish and Install 5 -Gallon Muhlenbergia capillaris'Regal Mist, (Regal Mist Muhly) @ +W2W L Dollars and +Qo Cents $ ���� $ rgOgpo Each 43. 134 EA Furnish and Install 5 -Gallon Perovskia atriplicifolia 'Blue Spire', (Russian Sage) @ 2` Dollars and N d Cents Each 44. 193 EA Furnish and Install 5 -Gallon Salvia clevelandii 'Winnifred Gilman', (Cleveland Blue Sage) @ �Jc Dollars and �a Cents Each PR9of10 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 45. 64 EA Furnish and Install 5 -Gallon Salvia greggii'Red' (Autumn Sage) @ Dollars and a Cents $ Z oa $ (p12> O0 Each 46. 96 EA Furnish and Install 5 -Gallon Xylosma congestum 'Compacta', (Dwarf Shiney Xylosma) @ Wz, Dollars and Ny Cents $ -Z F, $ Az_ 00 Each 47. 18 EA Furnish and Install 24 -Inch Box Lagerstroemia fauriei 'Biloxi' (Biloxi Pink Crape Myrtle) @ ON Dollars v and Cents $ i00°, $ Each 48. Lump Sum As -Built Drawings and Controller Charts @Three Thousand Dollars and 00 Cents $ 3.000.00 Lump Sum 49. Lump Sum 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase @ tWo 4yjjotid Dollars and No Cents $ Z000 $ t000 Lump Sum IaOka to] no a011 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN } WWS 41 flf2 P Vw N O f�[ L� �\M h( JA) DIX#] -E.Vc�k-14 Doll AAs Dollars and ►Jb Cents $^ol� 2 2O Total Price (Figures) (A11uQ�1 Green Giant Landscape, Inc. Date,5,� Cr7gD (00 -OSS id r So), 69,10 5ua� P ��IGG2,r t Bidder's Telephone and Fax Numbers Bidder's Aut onzed Signature and Title U W4 -7 � A , e - 9.1 A til -A mt SF. u- wit, Bidder's License No(s). Bidder's Address and Classification (s) Bidder's email address: f:WserslpbMshared\conhactsVy 09-101bdstol street north landscape c-4301\proposal c-Ml.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BRISTOL STREE NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.6 Survey Monuments 2-12 FEDERAL REQUIREMENTS 2-12.1 AWARD AND EXECUTION OF CONTRACT 2-12-2 DATA UNIVERSAL NUMBERING SYSTEM 2-12-3 LABOR NONDISCRIMINATION 2-12-4 PREVAILING WAGE 2-12-5 REMOVAL OF ASBESTOS AND HAZADOUS SUBSTANCES 2-12-6 SUBCONTRACTOR AND DBE RECORDS 2-12-7 DBE CERTIFICATION STATUS 2-12-8 PERFORMANCE OF DBE SUBCONTRACTORS 2-12-9 SUBCONTRACTING 2-12-10 PROMPT PROGRESS PAYMENT TO SUBCONTRACTOR 2-12-11 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTOR SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing 1 1 2 2 2 2 3 3 4 4 5 5 6 7 7 M 8 8 8 9 9 9 9 SECTION 5 UTILITIES 9 5-1 LOCATION 9 5-2 PROTECTION 9 5-7 ADJUSTMENTS TO GRADE 9 5-8 SALVAGED MATERIALS 9 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 10 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 10 6-7 TIME OF COMPLETION 10 6-7.1 General 10 6-7.1.2 Order of Work 10 6-7.2 Working Days 10 6-7.4 Working Hours 11 6-9 LIQUIDATED DAMAGES 11 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 11 7-7 COOPERATION AND COLLATERAL WORK 11 7-8 PROJECT SITE MAINTENANCE 12 7-8.5 Temporary Light, Power and Water 12 7-8.5.1 Steel Plates 12 7-8.6 Water Pollution Control 12 7-8.6.1 Best Management Practices and Monitoring Program 12 7-10 PUBLIC CONVENIENCE AND SAFETY 13 7-10.1 Traffic and Access 13 7-10.2 Storage of Equipment and Materials in Public Streets 13 7-10.3 Street Closures, Detours, Barricades 13 7-10.4 Public Safety 14 7-10.4.1 Safety Orders 14 7-10.5 "No Parking" Signs 14 7-10.7 Notice to Residents and Temp Parking Permits 15 7-15 CONTRACTOR LICENSES 15 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 15 SECTION 9 MEASUREMENT AND PAYMENT 15 9-3 PAYMENT 15 9-3.1 General 15 9-3.2 Partial and Final Payment 23 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 23 201.1.1.2 Concrete Specified by Class 23 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 23 212-1 LANDSCAPE MATERIALS 23 212-1.2.6 Soil Amendments 23 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 24 300-1 CLEARING AND GRUBBING 24 300-1.3 Removal and Disposal of Materials 24 300-1.3.2 Requirements 24 300-1.5 Solid Waste Diversion 24 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 24 308-1 GENERAL 24 308-6 LANDSCAPE ESTABLISHMENT & MAINTENANCE 26 SECTION 02810 LANDSCAPE IRRIGATION 26 PART1-GENERAL PART 2 — MATERIALS PART 3 — EXECUTION SECTION 02900 LANDSCAPE PLANTING 50 PART 1 — GENERAL PART 2 — PRODUCTS PART 3 — EXECUTION SECTION 02970 LANDSCAPE ESTABLISHMENT & MAINTENANCE 61 PART 1 —GENERAL SECTION 15151 DOMESTIC & RECYCLED WATER FACILITIES IDENTIFICATION 67 PART 1 — GENERAL PART 2 — MATERIALS PART 3 — EXECUTION SOIL TEST LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BRISTOL STREET NORTH LANDSCAPEIMPROVEMENTS SP 1 OF 77 Be CONTRACT NO. 4301 FEDERAL PROGRAM NO.: RPSTPLE 5151 (025) INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -5982-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 (2009 Edition), including supplements. Copies of the City's 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 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 notification; construction surveying; removing and disposing of existing landscaping and irrigation material; removing and disposing of concrete, debris, and any other material to accommodate project; installing landscaping and irrigation system; constructing concrete paving, curb and gutter, and driveway approaches; installing decomposed granite; installing headerboard; removing and installing of electrical meter and wiring; landscape establishment and maintenance; providing as -built drawings, controller charts and any other deliverables; and all other incidental items of work necessary to complete the work in place." SP2OF77 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 protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2-12 FEDERAL REQUIREMENTS 2-12.1 AWARD AND EXECUTION OF CONTRACT The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. Bid protests are to be delivered to the following address: Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The contract shall be executed by the successful bidder and shall be returned together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address: Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 A "Local Agency Bidder DBE Information (Construction Contracts)," Exhibit 15-G2 form is included in the Bid book to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. The successful bidder's "Local Agency Bidder DBE Information (Construction Contracts)," Exhibit 15-G2 form should include the names, addresses and phone SP3OF77 numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies. The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement. The "Local Agency Bidder DBE Information (Construction Contracts)," Exhibit 15-G2 form shall be completed and returned to the Agency by the successful bidder with the executed contract and contract bonds. 2-12.2 DATA UNIVERSAL NUMBERING SYSTEM (D -U -N -S) NUMBER For the purpose of complying with the American Recovery and Reinvestment Act of 2009, the successful bidder must provide the City a D -U -N -S number. Complete and sign the Data Universal Numbering System (D -U -N -S) Number form included in the contract documents. This form must be submitted with the executed contract. If your company does not have a D -U -N -S number, you can obtain one by contacting Dun & Bradstreet at: http://dnb.com/us/ If you fail to submit this information with the executed contract, the City of Newport Beach will not approve the contract. 2-12.3 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) SP4OF77 Your attention is called to the "Nondiscrimination Clause", set forth in Section 7- 1.01A(4), "Labor Discrimination," of the Caltrans Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 2-12.4 PREVAILING WAGE This is a federally assisted construction contract and the higher of State of California or Federal prevailing wages must be paid to all workman employed on this project. Federal and State of California labor standards provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts, will be enforced. The current Federal and State prevailing wage rates under which the work is to be done is attached hereto and is available at the Public Works Department, 3300 Newport Blvd., Newport Beach, CA 92663. Updates to the general prevailing wage rates are available at web sites set forth in this section and shall be reviewed by the contractor prior to submitting a bid for the work. In the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.htm1) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations and is available at the following website: http://www.dir.ca.gov/DLSR/PWD/index.htm, the higher of the two will prevail. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage decision. Please note that pursuant to applicable provisions of the Labor Code of the State of California and the Davis Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this agreement, shall be paid to all workmen employed on the work to be done according to this contract by the Contractor or any Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. The Contractor shall be required to post at the job site the prevailing rate per diem wages. 2-12.5 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue SP5OF77 work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Caltrans Standard Specifications. 2-12.6 SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM -2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the Contactor may count only the fee or commission the DBE receives as a result of the lease arrangement. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month. This documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM -2404(F). SP6OF77 2-12.7 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM -2403(F) indicating the DBEs' existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. 2-12.8 PERFORMANCE OF DBE SUBCONTRACTORS The subcontractors listed by the Contractor shall list therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. UDBEs must perform work or supply materials as listed in the "Local Agency Bidder - UDBE Commitment" form specified in the Contract document. Do not terminate a UDBE listed subcontractor for convenience and perform the work with your own forces or obtain materials from other sources without prior written authorization from the City. The City grants authorization to use other forces or sources of materials for requests that show any of the following justifications: 1. Listed UDBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulate a bond as a condition of executing the subcontract and the listed UDBE fails to meet your bond requirements. 3. Work requires a contractor's license and listed UDBE does not have a valid license under Contractors License Law. 4. Listed UDBE fails or refuses to perform the work or furnish the listed materials. 5. Listed UDBE's work is unsatisfactory and not in compliance with the contract. 6. Listed UDBE delays or disrupts the progress of the work. 7. Listed UDBE becomes bankrupt or insolvent. SP7OF77 If a listed UDBE subcontractor is terminated, you must make good faith efforts to find another UDBE subcontractor to substitute for the original UDBE. The substitute UDBE must perform at least the same amount of work as the original UDBE under the contract to the extent needed to meet the UDBE goal. The substitute UDBE must be certified as a DBE at the time of request for substitution. The City does not pay for work or material unless it is performed or supplied by the listed UDBE, unless the UDBE is terminated in accordance with this section. 2-12.9 SUBCONTRACTING Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the Caltrans Standard Specifications and these special provisions. The provisions in the third paragraph of Section 8-1.01, "Subcontracting," of the Caltrans Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price, is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: hftp://www.dir.ca.gov/DLSE/Debar.html 2-12.10 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation SP8OF77 of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE subcontractors. 2-12.11 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The agency shall hold retention from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retention to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non - DBE prime contractors and subcontractors. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 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, one (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 SP9OF77 to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3`d paragraph: "Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts, pull boxes, and survey monuments. Additional compensation will not be provided for these adjustments and replacements. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T, cable television, and any other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate, at his cost, with each utility SP 10 OF 77 company for the adjustment of their facilities in advance of work to avoid delays to the Project Schedule. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing meters, valves, irrigation components, boxes and covers. Salvaged materials shall be delivered to a site specified by the Engineer. SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed."' No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval prior to the preconstruction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all construction work under the Contract within 65 consecutive working days after the date on the Notice to Proceed. The landscape establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The landscape maintenance period is 30 consecutive calendar days and shall commence after the Engineer has determined the landscape establishment phase as completed and accepted. The Contractor shall ensure the availability and delivery 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." 6.7.1.2 Order of Work. Plant material shall not be installed until the irrigation system has been tested and accepted by the Engineer. SP 11 OF 77 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 Moncig is a holiday. If January 1st July 4in November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) shall take place between 9:00 a.m. and 3:00 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 4:00 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. Night work may be required for those locations where it facilitate the construction and minimize the disruption to the community, or if required by other regulatory agencies. 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 calendar 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." SP 12 OF 77 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Division. The City must approve any nighttime work in advance. 7-8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.5.1 Steel Plates. Add this section: "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. Steel plates shall be pinned and recessed flush with existing pavement surface." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manua/ which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits then selecting the link Construction Runoff Guidance Manual." 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: SP 13 OF 77 a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), also published by Building News, Inc. Where applicable, pedestrian access must be maintained at all times. The Contractor shall cooperate with the Engineer to nearby residences and businesses. The Contractor shall furnish and install signage, changeable message boards, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. 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 the public right-of-way or City property if approved, by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and SP 14 OF 77 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 California -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 detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. 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." 4. Sidewalk closures in nonresidential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 5. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) SP 15 OF 77 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 Properties. Ten working days prior to starting work, the Contractor shall deliver a construction notice to all properties along Bristol Street North between Irvine Avenue/Campus Drive and Jamboree Road describing the project and indicating the limits of construction. Forty-eight hours prior to the start of construction, the Contractor shall distribute to those properties 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 specific location, 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 California Contractor's "A" and "C-27" License, or a valid California Contractor's "A" License with a sub -contractor that possesses a valid California Contractor's "C-27" License to perform all landscape and irrigation material installation work items. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. SP 16 OF 77 The "As -Built' 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 providing bonds, insurance and financing, establishing a material and equipment storage location, preparing the BMP Plan, providing a construction schedule, providing submittals and any other required reporting documentation, obtaining all required permits, construction surveying, attending all project coordination meetings, coordinating with all applicable agencies and stakeholders; mobilizing and demobilizing, 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 and posting all required notifications and signs, and all costs incurred from notifying properties per Section 7- 10.7. In addition, this item includes preparing traffic control plans prepared and signed by a California -licensed Traffic Engineer, coordinating traffic control with all applicable agencies and stakeholders, and providing the traffic control required by the Contract including, but not limited to, signs, cones, barricades, flashing arrow sign, changeable message boards, and temporary striping, and 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 Unclassified Excavation: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing of unclassified material, as directed by the Engineer, to accommodate Contract -specified improvements that are not covered under other Contract payment items, coordinating SP 17 OF 77 with other agencies and stakeholders for material removals, and all other work items as required to complete the work in place. Quantities to this bid item are subject to adjustment without renegotiation in unit price cost and/or additional compensation. Item No. 4 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include, but not limited to, the cost for all labor, equipment, and material relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per CNB STD -182-L, A.C. patch back, curb painting, re -chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in-kind repairs to improvements impacted by the work to preconstruction conditions, and all other work items as required to complete the work in place. Location of curb and gutter removals and construction shall be directed by the Engineer during construction. Item No. 5 Clear and Grub Site: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing plant materials, tree trunks and roots, rodents and any rodent damage, debris, and appurtenances; coordinating with other agencies and stakeholders for encroaching material removals; and all other work items as required to complete the work in place. Item No. 6 Furnish and Install Fill Soil: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing, delivering, and installing fill soil per import soil specifications at entire site to meet finish grade as shown on Contract drawings and as directed by the Engineer during construction; and all other work items as required to complete the work in place. Item No. 7 Remove Existing Meter Cabinet: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for disconnecting wiring, removing and disposing of existing meter cabinet, electrical components, base, and foundation, and all work necessary to complete the work in place, protect any existing surrounding items, and work required to accommodate the re -installation of a single - meter cabinet. Item No. 8 Jack & Bore 1-1/4" Schedule 80 PVC Sleeves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating bore pits; backfilling, furnishing and installing new schedule 80 PVC sleeve material, fittings, and appurtenances, removing and reconstructing pavement, curb and gutter, and all other items as required to complete the work in place. Item No. 9 Jack & Bore 6 -Inch Schedule 80 PVC Sleeves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating bore pits, backfilling, furnishing and installing new schedule 80 PVC sleeve SP 18 OF 77 material, fittings, and appurtenances, removing and reconstructing pavement, curb and gutter, sleeves and all other items as required to complete the work in place. Item No. 10 Furnish and Install Irrigation Controller with Pedestal: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new pedestal -mounted irrigation controller with base, electrical components and control and common wiring throughout irrigation system including sleeves, pedestal base, foundation, and appurtenances; backfilling, compacting, connecting to new 120 VAC wiring; disposing of excess materials; and all other work items as required to complete the work in place Item No. 11 Furnish and Install Myers Single -Meter Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new single -meter Myers stainless steel cabinet per CNB STD - 206 -L, base, foundation, and electrical components (including, but not limited to, photocells, breakers, contactors, etc.), wiring; removing and reconstructing any conflicting concrete sidewalk, curb or gutter; backfilling; compacting; disposing of excess excavated materials; coordinating with SCE for service connection; connecting to SCE service; reconnecting streetlight service connections, and all other work items as required to complete the work in place. Item No. 12 Furnish and Install 120 VAC Wires: Work under this item shall include, but not limited to the cost of labor, equipment and materials for furnishing and installing new 120 VAC wiring and conduits per Contract drawings, and as directed by the Engineer, and all other work items as required to complete the work in place. Item No. 13 Furnish, Install and Repair Wire Conduit: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for identifying and repairing impasses, and installing new 1-1/4" 120 VAC wire conduit at those locations, between the new Myers single -meter cabinet and the point of juncture of the new 1-1/4" wire sleeve, removing and reconstructing pavement or improvements, and all other work items as required to complete the work in place. Item No. 14 Furnish and Install 1-1/2" Water Meter: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing water meter box, furnishing and installing new 1-1/2" water meter and box, pipe material, appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. The existing service line shall be re -used and protected in place. Item No. 15 Furnish and Install 1-1/2" Backflow Prevention Assembly: 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 1-1/2" backflow prevention assembly, pipe material, stainless steel enclosure, and appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. SP 19 OF 77 Item No. 16 Furnish and Install 1-1/2" Master Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1-1/2" master valve, pipe material, electrical connections, valve boxes, and appurtenances to make connection to irrigation water system, excavating, backfilling, providing any associated keys, and all other items as required to complete the work in place. Item No. 17 Furnish and Install 1" Flow Sensor: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1" flow sensor and electrical components, wiring and cabling, electrical connections, valve boxes, appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. Item No. 18 Furnish and Install 1" Schedule 80 PVC Sleeve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for installing new schedule 80 PVC sleeve material for flow sensor communications cable from flow sensor to the controller, and all other items as required to complete the work in place. Item No. 19 Furnish and Install 10" Round Irrigation Pull Boxes: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 10" round pull boxes, electrical connections, backfilling, compacting, providing any associated keys, and all other work items as required to complete the work in place. Item No. 20 Furnish and Install 1" Quick Coupling Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1" quick coupling valves, pipe material, valve boxes, providing any associated keys, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 21 Furnish and Install 3" Irrigation Mainline: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 3" irrigation mainline, pipe material, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to water mainline, and all other items as required to complete the work in place. Item No. 22 Furnish and Install Ball Valves: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new ball valves, pipe material, valve boxes, and appurtenances to make connection to irrigation water system, and all other items as required to complete the work in place. Item No. 23 Furnish and Install 3/" Remote Control Valves: 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 3/4" remote control valves, SP 20 OF 77 electrical connections, pipe material, valve boxes, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 24 Furnish and Install 1-1/2" Remote Control Valves: 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 1-1/2" remote control valves, pipe material, valve boxes, electrical connections, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 25 Furnish and Install Irrigation Heads and Lateral Lines: 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 irrigation heads and lateral lines, pipe material, and appurtenance such as tees, elbows, etc. to make connection to the irrigation system, and all other items as required to complete the work in place. Item No. 26 Furnish and Install Recycled Water Identification Signage: Work under this item shall include but not be limited to, the cost of providing labor, equipment and materials for furnishing and installing Recycled Water Identification Signage per Section 15151 of the Contract documents, appurtenances, and all other items required to complete the work in place. Item No. 27 Furnish and Install Finish Grade: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, delivering, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface as determined by the Engineer, soil amendments, and all other work items as required to complete the work in place. Item No. 28 Weed Abatement Program: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for two (2) cycles of grow -and - kill weed abatement, which may include applying herbicides, irrigation, fertilization and all other items as required to complete work in place prior to plant installation. Item No. 29 Furnish and Install 2"x4" Redwood Headerboard: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for installing new 2'x4" redwood headerboard, appurtenances, and all other items required to complete work in place. Item No. 30 Furnish and Install 3" Thick Stabilized Decomposed Granite Paving: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a 3 -inch thick layer of stabilized decomposed granite paving, appurtenances, and all other items as required to complete the work in place. SP 21 OF 77 Item No. 31 Construct 4" Thick P.C.C. Paving: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for sawcutting, removing and disposing existing improvements, compacting subgrade, constructing 4 - inch thick minimum P.C.C. paving per CNB STD -180-L, installing any necessary temporary paving, adjusting paving to match adjacent improvements, making -in-kind repairs to adjacent improvements, adjusting all facilities to grade, appurtenances, and all other work items as required to complete the work in place. Item No. 32 Construct Commercial P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and material for sawcutting, removing, and disposing existing improvements and constructing P.C.C. driveway approach per CNB STD -160 -L-A, A.C. patch back, restoring all improvements impacted by the work; and all other work items as required to complete the work in place. Contractor shall complete all improvement repairs within three (3) calendar days of City notification. Location of driveway construction shall be directed by the Engineer during construction. Item No. 33 Furnish and Install 2" Thick Mulch: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing a 2 -inch thick layer of mulch, appurtenances, and all other items as required to complete the work in place. Item No. 34 Furnish and Install 5 -Gallon Arctostaphylos 'Pacific Mist', (Pacific Mist Manzanita): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - gallon Arctostaphylos 'Pacific Mist', (Pacific Mist Manzanita), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 35 Furnish and Install 5 -Gallon Acacia redolens 'Desert Carpet', (Prostrate Acacia): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - gallon Acacia redolens 'Desert Carpet' (Prostrate Acacia), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 36 Furnish and Install 5 -Gallon Arbutus unedo 'Compacta', (Strawberry Bush): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - gallon Arbutus unedo 'Compacta' (Strawberry Bush), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 37 Furnish and Install 5 -Gallon Caesalpinia gilliesii, (Yellow Bird of Paradise): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - gallon Caesalpinia gilliesii (Yellow Bird of Paradise), soil amendments, providing plant photos, and all other items as required to complete the work in place. SP 22 OF 77 Item No. 38 Furnish and Install 5 -Gallon Carissa macrocarpa 'Green Carpet', (Green Carpet Natal Plum): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Carissa macrocarpa 'Green Carpet', (Green Carpet Natal Plum), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 39 Furnish and Install 5 -Gallon Elaeagnus pungens, (Silverberry): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Elaeagnus pungens, (Silverberry), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 40 Furnish and Install 5 -Gallon Hemerocallis Hybrid 'Sun Twist', (Daylily): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Hemerocallis Hybrid 'Sun Twist' (Daylily), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 41 Furnish and Install 5 -Gallon Lantana 'New Gold', (New Gold Lantana): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Lantana 'New Gold', (New Gold Lantana), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 42 Furnish and Install 5 -Gallon Muhlenbergia capillaris 'Regal Mist', (Regal Mist Muhly): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - gallon Muhlenbergia capillaris 'Regal Mist', (Regal Mist Muhly), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 43 Furnish and Install 5 -Gallon Perovskia atriplicifolia 'Blue Spire', (Russian Sage): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Perovskia atriplicifolia 'Blue Spire', (Russian Sage), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 44 Furnish and Install 5 -Gallon Salvia clevelandii 'Winnifred Gilman', (Cleveland Blue Sage): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Salvia clevelandii 'Winnifred Gilman' (Cleveland Blue Sage), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 45 Furnish and Install 5 -Gallon Salvia greggii 'Red' (Autumn Sage): Work under this item shall include, but not limited to, the cost of all labor, equipment and SP 23 OF 77 materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Salvia greggii 'Red' (Autumn Sage), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 46 Furnish and Install 5 -Gallon Xylosma congestum 'Compacta', (Dwarf Shiney Xylosma): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Xylosma congestum 'Compacta', (Dwarf Shiney Xylosma), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 47 Furnish and Install 24 -Inch Box Lagerstroemia fauriei 'Biloxi' (Biloxi Pink Crape Myrtle): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 24 -Inch Box Lagerstroemia fauriei 'Biloxi' (Biloxi Pink Crape Myrtle), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No.48 As -Built Drawings and Controller Charts: Work under this item shall include all actions necessary to provide "as -built" construction drawings and three laminated copies of the controller charts. As -built drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. Item No. 49 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for manpower, fertilizers, weed and pest control, irrigation system inspection and operation, plant materials, supervision, field meetings, and all other items necessary to establish and maintain the landscaping for the entire duration of the two periods. 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." SP 24 OF 77 SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.2.6 Soil Amendments. Soil amendments shall adhere to the "Tree and Shrub Planting Guidelines" section of the Soil & Plant Laboratory, Inc. analyses dated August 12, 2009 attached to these specifications. 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: www.newportbeachca.gov/generalservices and clicking on refuse then selecting the link Franchised Haulers List." 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-Y2 '/z inch" of the last sentence with the words "two (2) inches". 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SP 25 OF 77 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing all plant material that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the impacted work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forester for inspection. Upon inspection, the Urban Forester may require the Contractor to formally submit a plan for removing the large roots to the City for review. Contractor shall be responsible for contacting the appropriate agency for clearing, grubbing, pruning, and/or removing of material encroaching into project site. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. Tearing of roots will not be acceptable. c. A root pruning sample at one selected site will be conducted and reviewed for approval by the City's Urban Forester. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible or as noted by the Urban Forester on the submittal. SP 26 OF 77 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. If there is a serious question about the stability of a tree such a large diameter roots must be removed, the Contractor shall notify the Engineer for approval. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. f. For trees recommended for removal, the Contractor shall notify the Engineer who will process the tree removal request with the General Services Department. 308-6 Landscape Establishment and Maintenance. Add to this section, "The landscape establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The landscape maintenance period is 30 consecutive calendar days and shall commence after the Engineer has determined the landscape establishment phase as completed and accepted. Such periods shall commence after all "punch list" deficiencies have been corrected to the satisfaction of the Engineer." SECTION 02810 LANDSCAPE IRRIGATION PART 1 -GENERAL A. Scope of Work Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. Related work in other sections: Landscape Planting Landscape Maintenance SP 27 OF 77 B. Regulatory Agencies Comply with all applicable state and local codes, ordinances and regulations. Obtain and pay for all permits and inspections required. Erect and maintain barricades, warning signs, lights and guards as necessary to protect all persons on the site as set forth by the City. C. Quality Assurance and Qualifications Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the Contract furnish directions covering points not shown in the drawings and specifications. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in English. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing improvements and shall restore damaged improvements to the original condition to the satisfaction of the Engineer. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. Beds on which materials are stored must be full length of pipe. Pipe that has been damaged or dented shall not be used in work. SP 28 OF 77 6. Immediately notify the Engineer in case of discrepancies. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re- installation of such areas until all discrepancies are resolved to the Engineer's satisfaction. E. Site Safety Erect and maintain any barricades, warning signs, lights and/or guards in addition to those stated on the approved traffic control plans as necessary or required to protect all persons on the site as directed by the City. F. Explanation of Drawings Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the Contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. G. Submittals Material List: The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval by the Engineer. Review of any items, alternatives or substitutes indicates only that products apparently meet the requirements of drawings and specifications on the basis of SP 29 OF 77 information of the samples submitted. Submittals shall be provided within ten (10) working days from the award of the Contract. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format: Item No Description ManufacturerModel Size(s) 1. Backflow Preventer Febco 825Y 2" 2. Pop-up Spray Head Toro 570Z NA Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. Work schedule including coordination of electrical and water connections and the placement of material and equipment. Equipment or materials installed without the prior review of Engineer will be rejected; such materials shall be removed from the site. H. Substitutions The Contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The Contractor shall submit to the Engineer for approval on a separate sheet of Contractor's letterhead paper the following: A statement indicating the reason for making each individual proposed substitution(s). Provide descriptive catalog literature, performance charts and flow charts as required for each item the Contractor proposes to substitute, including the sales/manufacturer's regional telephone numbers. Provide the amount of cost savings or overage if the proposed substitute item is approved. Substituted equipment or materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. The Engineer shall have the sole discretion in accepting or rejecting any proposed substitution. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on SP 30 OF 77 the basis of the information or samples submitted. All items must meet or exceed these specifications. 1. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 2. Manufacturer's warranty is required on any product offered. 3. If, in the opinion of the Engineer, the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. I. Record Drawings (As-Builts) The Contractor shall provide and keep up to date a complete "record" set of bond prints which shall be corrected daily and show every change from the Contract drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and may be the basis for measurement and payment for work completed as deemed by the Engineer. This set of drawings shall be kept on the site and shall be used only as a record set. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed to the Engineer's satisfaction. These drawings shall be available at all times for inspection and shall be kept in a location approved by the Engineer. The Contractor shall dimension from two (2) points of reference the location of the following items. The depth of each item shall also be indicated if required by the Engineer or City. The minimum height of dimension lines and/or notes shall be .10" unless otherwise directed by the Engineer. Provide a "bar scale" on the plan. 1. Water point of connection 2. Site irrigation supply lines 3. Electrical point of connection 4. Backflow preventers 5. Master valve 6. Flow sensor SP 31 OF 77 7. Gate or ball valves 8. Quick coupling valves 9. Remote control valves 10. Routing of pressure main line piping, ( dimension max. 100' along routing) 11. Routing of control and common wire 12. Pull Boxes 13. Electrical wiring and equipment 13. Other related equipment On or before the date of the final inspection at the end of the Construction Phase, the Contractor shall deliver the corrected and completed record drawings to the Engineer. Delivery of the drawings will not relieve the Contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. J. Controller Charts Record drawings (as-builts) shall be evaluated by the Engineer before controller charts are prepared. Provide three (3) controller chart for each controller, unless otherwise directed by the Engineer. Provide "Bar" scale on original plan prior to reducing the size. The chart shall show the area controlled by each automatic controller and shall be sized '/2" smaller than the controller door on all sides. The chart is to be a reduced drafted copy of the final record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable prior to when the final controller chart is completed. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. When completed and approved, the chart shall be hermetically sealed by a SP 32 OF 77 plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. The charts shall be mounted using Velcro tape. Controller charts shall be completed and approved by Engineer prior to final inspection of the irrigation system. K. Operation and Maintenance Manuals Prepare and deliver to the Engineer within ten calendar days prior to completion of construction, hard -covered three rings binders containing the following information 1. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. 2. Catalog and parts sheets on every material and equipment installed under this Contract. 3. Guarantee statement 4. Complete operating and maintenance instructions on all major pieces of equipment in sufficient detail to permit operating personnel to operate and maintain the equipment. Equipment list providing the following for each item 1. Index sheet stating Contractor's name, address, telephone number and name of contact person. 2. Manufacturer's name 3. Make and model number 4. Name and address of local manufacturer's representatives 5. Spare parts list in detail 6. Detailed operating and maintenance instructions for major equipment. Provide two (2) manuals, unless otherwise directed by the Engineer. SP 33 OF 77 L. Equipment to be furnished Supply as a part of this Contract the following tools and equipment: 1. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this Contract. 2. Two (2) five-foot valve keys for operation of gate valves (as required). 3. Two (2) keys for each automatic controller. 4. Two (2) quick coupling valve keys. 5. Sprinklers: spray/rotor head bodies — (5) of each type nozzles — (5) of each type The above equipment shall be turned over to the Engineer at the completion of Contract work, before final observation can occur. The above-mentioned equipment shall be turned over to the Engineer at the end of the Maintenance Phase. M. Central Control The Contractor shall contact the central control operator for the City and verify that all equipment is operational to the operator's satisfaction. For technical assistance with central control system, contact Mr. Scott Kyle at (949)212-8013. For Controller/Sensor certification at start-up, contact John Deere, Green Tech at (949) 837-4737. N. Product Delivery, Storage and Handling The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. SP 34 OF 77 O. Guarantee The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the Engineer or his representative prior to acceptance of the irrigation system. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. The beginning date of the one year guarantee shall be from the written final acceptance date established by the Engineer at the end of the Maintenance Phase. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the Engineer after receipt of written notice from the Engineer. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — MATERIALS A. General SP 35 OF 77 Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. Pressure Supply Pipe Pressure supply line from point of connection through backflow preventer shall be brass or as per local cross -connection codes. Purple PVC Pressure Main Line Pipe and Fittings: 1. Pressure main line piping shall be purple PVC Class 315 for all purple pipe 2" and larger, and Schedule 80 for all purple pipes 1-1/2" and smaller with solvent welded joints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21-70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 124548. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. PVC solvent -weld fittings shall be Schedule 80, 1-2, 11-1 NSF approved conforming to ASTM test procedure D 2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 5. All purple PVC pipe must bear the following markings: Manufacturer's name Nominal pipe size Schedule or Class Pressure rating in PS NSF (National Sanitation Foundation) approval Date of extrusion All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings SP 36 OF 77 shall be standard weight Schedule 80, injection molded of PVC fitting compound which meets current ASTM D 1784-69 and requirements described in Cell Classification 134548. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. Use Rockwell Metal Repair Clamp for all mainline repairs. C. PVC Non -Pressure Lateral Line Pipe Non -pressure buried lateral line pipe shall be purple PVC Schedule 80 with solvent -weld joints. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. All requirements for non -pressure lateral line pipe and fittings shall be the same as that for solvent -weld pressure main line pipe and fittings. 1. Use PVC Slip Fix for lateral line repairs only. D. Threaded Nipples Threaded nipples shall be standard weight, schedule 80, purple, with molded threads. Assemble threaded fittings using teflon tape applied to male threads only. E. Joint Primer Type as recommended by manufacturer of pipe. Type IPS -P-70 or equivalent for Flex hose to PVC fittings. F. Joint Cement Solvent type as recommended by manufacturer. G. Brass Pipe and Fittings Where indicated on the drawings, use 85% red brass, schedule 80 screwed pipe conforming to Federal Specification #WW -P-351 Fittings shall be medium red brass, screwed, 125 pound class conforming to SP 37 OF 77 Federal Specification #WW -P-460. Assemble using teflon tape applied to male threads only. H. Backflow Prevention Devices Backflow Prevention Units shall be of the size and type indicated on the drawings. Install backflow prevention units in accordance with irrigation construction details and all local applicable codes and ordinances. Wye strainers at backflow prevention units shall have a brass screwed body and shall be the type as specified on the plans. Provide enclosure only if denoted on plans. Install Febco 825Y series backflow devices. I. Gate Valves All gate valves shall be as specified on plan and installed per installation detail on plans. J. Ball Valves All ball valves shall be as specified on plan and installed per installation detail on plans. Matco 754 Series Full Port Ball Valve. K. Flow Sensors Flow sensing equipment shall be EVFM Flow Sensor manufactured by Rainmaster and shall be an insertion type with a non-magnetic, spinning impeller, (paddle wheel) as the only moving part. The sensor sleeve will be brass or 316 stainless steel with the impeller and sensor housing being glass - filled PPS. A Pinion bearing shall be inserted through the impeller and the shaft material shall be tungsten carbide. The sensor will be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. The adapter shall have two (2) ethylenepropylene O -rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be two (2) single conductor 18AWG leads eighteen (18) inches long. Insulation shall be direct burial "UF" type, colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be 1-1/2 inches from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 PSI and liquid temperatures up to 22= degrees Fahrenheit, and operate in flows of one (1) foot per second up to thirty (30) feet per second. This flow sensor shall be manufactured by Rainmaster model number as specified on the drawings. SP 38 OF 77 L. Quick Coupling Valves Quick coupling valves shall have a brass body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. Use quick coupling valves with acme threads as indicated below. Hinge cover shall be of heavy duty brass construction with a durable high quality locking purple thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent -type cover. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. Nelson 42 with 40K key. M. Normally -Closed Master Valves Master valves shall be the size and type as shown on the drawings. Solenoid, if different from that normally supplied, shall be as specified on the drawings. The remote control valve shall be a normally closed, 24VAC-50/60 cycle solenoid actuated globe pattern design capable of having a flow rate specified on the drawings and a pressure loss not to exceed manufacturer's specifications. The valve pressure rating shall not be less than 2,000 PSI, (13.8 bars, metric). The valve body and bonnet shall be constructed of heavy cast brass, diaphragm shall be of nylon reinforced Buna-N rubber. All other internal parts shall be made of bronze, brass, and stainless steel to ensure corrosion resistance. The valve shall have both internal and external manual open/close control, (internal and external bleed), for manually opening and closing the valve without electrically energizing the solenoid. The valve shall have internal manual bleed to prevent flooding of the valve box. The valve shall house a fully encapsulated, one-piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a leverage handle for easy turning. This 24VAC 50/60 Hz solenoid shall open with 19.6 VDC minimum at 200 PSI, (13.8 bars metric). At 24VAC average inrush current, it shall not exceed .41 amps. Average holding current shall not exceed .23 amps. The valve shall have a contamination -proof (CP) self -flushing nylon filter screen located a the valve inlet to filter out debris and prevent clogging of the hydraulic control ports and assure reliable operation. SP 39 OF 77 The valve shall have a stainless steel flow control stem and cross handle for regulating or shutting off the flow of water. The valve must open or close in less than one minute at 200 PSI, (13.8 bars metric), and less than 30 seconds at 20 PSI, (1.4 bars metric). The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. The controller assembly shall be provided with a Master Valve Power assembly for the purpose of powering the master valve circuit independent of controller operation to pressurize the mainline for supplemental watering. This assembly shall consist of a timing module (with variable timing in thirty minute increments for up to three hours) mounted to the face of the backboard and pre -wired to a terminal interface board. Install Griswold 2000-R Solenoid Valve. N. Electric Remote Control Valves Electric remote control valves shall be of the size and type shown on the drawings. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. Provide and install one control valve box for each electric control valve. Provide and install Christy tags with valve sequence for each valve. Install Griswold DWS -R Series valve. O. Valve Boxes Gate Valves: Use 10" diameter x 10-1/4" round boxes, Carson industries #910- 10-4 with purple bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Electric Control Valves: Use 12"x18"x12" deep rectangular boxes, Carson Industries #1419-12-4 with purple bolt down cover or approved equivalent. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10- 1/4" deep round box with lock bolt cover. Box shall be purple in color. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers as approved by the Engineer. SP 40 OF 77 Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use. P. Check Valves Anti -drain valves set in sprinkler risers or pop-up swing joints shall be of heavy- duty virgin UV resistant brown -tone PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel with Buna-N seals. Valve shall be preset at 12 feet of head, (5 PSI) and be adjustable up to 32 feet of head, (14 PSI). Anti -drain valve shall be King Bros. Industries, (KBI), "CV" series or approved equivalent. Q. High Voltage Wiring Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. All work shall conform to City of Newport Beach codes and ordinances, details and specifications as determined by the Engineer. R. Irrigation Control Wiring Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt with PVC Insulation. Pilot wires shall be red in color. Common wire shall be white in color. Wires for future use to pull boxes shall be striped, red and white, and bundled together in the controller cabinet with plastic zip tie. Install wire in accordance with valve manufacturer's specifications. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200', 10 ga. up to 2,000' from valve to controller. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. An minimum 24" expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. SP 41 OF 77 All splices shall be made with Spears #DS -100 Dri-Splice Connectors with crimp sleeves and Spears #DS -300 Dri-Splice Sealant. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the Engineer. All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires. If more than one route is available for extra wires, contact the Engineer for the number of extra wires to be run in differing directions. S. Sensor Cable All data communications wire connecting flow sensors to the electronics that are buried below grade shall be enclosed within 1" PVC schedule 80 conduit, and shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum -polyester shield and be finished with a black high-density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E-000319DFC. It is important that all wire connections be absolutely watertight with no leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch-LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. T. Automatic Controller The automatic controller shall be a Rainmaster Evolution Irrigation controller and shall be connected to the City's central control system. Contact Scott Kyle and RainMaster at (949) 212-8013 for central control information and coordination. The Engineer prior to installation shall approve final location of automatic controllers. The final hook-up of the automatic controller to the 120 -volt power source shall be the responsibility of the Contractor. The Controller shall be installed within a protective enclosure per drawings. SP 42 OF 77 U. Sprinkler Heads and Bubblers All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. All spray type sprinklers and bubblers shall have a screw adjustment. Riser/swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. V. Location Tape Submit a plastic warning/location tape to be used over all mainline, wires, communication cable, conduit, sleeves etc. Do not provide location tape over lateral non -pressure lines. PART 3 — EXECUTION A. Site Conditions All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. SP 43 OF 77 Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. B. Physical Layout The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the Engineer immediately if obstructions prevent routing as denoted on plans. Lay out irrigation emitters/heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the Engineer. Do not exceed the maximum or minimum spacing indicated by the manufacturer. C. Water Supply Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. D. Electrical Supply An electrical connection for automatic controller shall be made to electrical points of connection as shown on the drawings. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. E. Trenching Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. 1. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. SP 44 OF 77 2. Provide for a minimum of twelve- (12) inches cover for all non- pressure lateral lines. 3. Provide for a minimum of eighteen- (18) inches cover for all control wiring. 4. Provide for a minimum of twenty-four (24) inches for all sleeving from finish grades under paving and base. F. Backfilling The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse. Backfill shall be per City Standards. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. G. Trenching and Backfill Under Pavement Install all trenching under paving by jacking and boring methods as approved by the Engineer. H. Assemblies Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings, and as directed by the Engineer. Install no multiple assemblies on plastic lines. Provide each assembly with its own outlet. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice per manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and SP 45 OF 77 solvent welding methods shall be as recommended by the pipe and fitting manufacturer. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. I. Line Clearance All lines shall have a minimum clearance of six (6) inches from each other and 12" from lines of other trades unless superseded by City of Newport Beach cross -connection details and codes. Parallel lines shall not be installed directly over one another. Recycled water lines shall be located a minimum of ten feet (10') horizontal distance from potable water pipes. Place location tape 6" above all mainline piping, low voltage and high voltage wiring. J. Automatic Controller Install controller per manufacturer's specifications and drawings. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. K. High voltage wiring for Automatic Controller The Contractor shall provide 120 -volt power connection to the automatic controller. All electrical work shall conform to local codes, ordinances and union authorities having jurisdiction. L. Remote Control Valves Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. SP 46 OF 77 M. Flushing of System After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. Sprinkler heads shall be installed only after flushing of the system has been accomplished. N. Sprinkler Heads and Bubblers Install the sprinkler heads and bubblers as designated on the drawings. Sprinkler heads and/or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. Spacing of sprinkler heads and/or bubblers shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. All heads shall have purple covers to identify them as recycled water heads. O. Temporary Repairs The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. P. Existing Trees Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through roots. Roots one-half (1/2) inch and larger in diameter shall be painted with two coats of tree seal, or equivalent. Trenches adjacent to trees should be closed within twenty-four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. Any tree that requires trenching on more than two sides shall be assessed by an arborist, at the Contractor's expense, to determine adequate stability and ensure SP 47 OF 77 there is no danger of tree failure. Q. Field Quality Control The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the Contractor's cost. Adjustments may also include changes in nozzle sizes and degrees of arch as required. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the Engineer. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. R. Testing of Irrigation System The Contractor shall request the presence of the Engineer at the intervals listed below in advance of any testing. The Contractor shall provide "walkie-talkies" for communication from the review area to the controller location. The Contractor shall provide current record drawings at each review. Before testing mainlines, fill the lines with water for a period of at least 24 hours. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. All hydrostatic tests shall be made in the presence of the Engineer. No pipe shall be backfilled until it has been observed, tested with all couplings exposed SP 48 OF 77 and all pipe sections center loaded, and approved in writing by the Engineer. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the Engineer, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished and accepted by the Engineer before any groundcover or shrub material is planted. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the Engineer. S. Maintenance The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Landscape Establishment and Maintenance Phases of work. T. Clean-up Clean up shall be made on a daily basis. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. U. Final Observation Prior to Acceptance The Contractor shall operate each system in its entirety for the Engineer at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the Engineer shall be reworked to the complete satisfaction of the Engineer. The Contractor shall show evidence to the Engineer that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. SP 49 OF 77 V. Observation Schedule The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of irrigation observations necessary prior to work. Typical observations may consist of, but not be limited to the following: 1. 2. 3. 4. 5. 6. 7. rM� J Pre -job conference Pressure supply line installation and testing Automatic controller installation Control wire installation Lateral line and sprinkler installation Coverage test 7 days 48 hours 48 hours 48 hours 48 hours 48 hours Observation to begin Landscape Establishment Phase 7 days Observation at end of 60 day Plant Establishment Phase 7 days Final observation at the end of the Maintenance Phase 7 days In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. END OF SECTION SECTION 02900 LANDSCAPE PLANTING PART1 -GENERAL A. Scope of Work SP 50 OF 77 Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. Related Work Specified In Other Sections 1. Landscape Irrigation 2. Landscape Maintenance B. Quality Assurance and Requirements Arrange procedure for inspection of plant material with Engineer prior to work. Should the Contractor desire the Engineer to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the Engineer seven (7) consecutive days prior to this requested inspection. 1. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being observed. 2. Contractor shall provide photos of plants prior to delivery and packaging slips at time of delivery. C. Submittals Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the Engineer. D. Product Delivery, Storage and Handling Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Deliver plants with legible identification labels. Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. Use durable waterproof labels with water-resistant ink which will remain legible for at least 60 days. SP 51 OF 77 Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. The Contractor shall notify the Engineer forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. Storage 1. Store plant material in the shade and protect from the weather. 2. Maintain and protect plant material not to be planted within four (4) hours Handling 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. E. Job Conditions Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. F. Samples and Tests Soil sample analyses for the Bristol Street North project have been included at the end of the special provisions. The Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. G. Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year for trees, and ninety (90) days for shrubs and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. SP 52 OF 77 Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. PART 2 — PRODUCTS A. Organic Material Organic Material 1. Nitrolized compost. Rates and fertilizers may have to be adjusted depending on the analysis of selected composts. B. Soil Amendments Gypsum: Agricultural grade produce containing 98% minimum calcium sulfate. Iron sulfate C. Planting Tablets Slow-release type, containing the following percentages of nutrients by weight: 20% nitrogen 10% phosphoric acid 5% potash 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. D. Top Soil Top soil, as required, shall be obtained from on-site planting excavations if at all possible. Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Chemistry 1. Reaction (pH) saturated paste 6.0-7.6 2. Salinity (ECe dS/m) saturation extract 3. Sodium adsorption ration (SAR) 4. Boron in saturation extract, ppm Texture: Particle SizeUSDA Sieve Gravel Coarse sands Silt plus clay E. Plant Material SP 53 OF 77 not to exceed 3.0 not to exceed 6.0 not to exceed 1.0 Size (mm) Objective%passing 2.0>85% 0.5>75% 0.05 >35% Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well-developed branch systems, not sparse, irregularly spaced, thin branched or having off - balanced head. All shall have vigorous and fibrous root systems that are not root or pot-bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the Engineer reserves the right to reject the entire lot or lots of plants represented by the defective samples. The Engineer is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the Engineer. But the use of larger plants will make no change in Contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. SP 54 OF 77 F. Rejection or substitutions All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the Engineer. G. Pruning At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the Engineer. H. Plant Materials Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). I. Nursery Grown and Collected Stock Grown under climatic conditions similar to those in locality of the project. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. Use only liner stock plant material that is well-established in removable containers or formed homogeneous soil sections. Substitute plant material will not be permitted without specific written approval by the Engineer. J. Mulch Cover All shrub planting areas shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. The mulch shall consist of "TV400" mulch as manufactured by Tierra Verde, Irvine, California, (800) 792-5983. Provide depth of 2" minimum over finish grade in general planting areas, and 1" depth within watering berm around plant base. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. K. Miscellaneous Materials Sand 1. Washed plaster sand or equivalent. Herbicides 1. Pre -emergent herbicide: Ronstar or equivalent 2. Post -emergent herbicide: Round -up or equivalent PART 3 — EXECUTION A. Inspection SP 55 OF 77 Verify that final grades have been established prior to beginning planting operations. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. B. Preparation Contractor shall remove all debris and unsuitable material and install appropriate soil to the acceptance of the Engineer, prior to layout of plant material for location approval. All shrubs and trees shall be placed on the ground in their original containers to have their locations approved by the Engineer. Once approved, the plant pits may be dug. No plant pits shall be dug until the locations are approved. Any plant not planted in the approved location shall be moved to the approved location, or a new plant shall be provided to be planted in the approved location. The Engineer has the sole discretion as to whether the original or a new plant shall be installed at the approved location. Minor adjustments to the locations may be required if so deemed by the Engineer after planting Do not begin excavation until plant locations and plant beds are acceptable to the Engineer. C. Pre -Planting Installation Pits and Trenches SP 56 OF 77 1. Shape: Dig vertical sides and flat bottom on all pits and trenches. Plant pits to be square for box material, and circular for canned material. 2. Size: All plant pits for shrubs shall be dug twice the diameter and the depth of the root ball, allowing for the root crown to be a minimum of 1" above finish grade. 3. Tree and Shrub Backfill (Soil Sample Area #1) 2 lbs. agricultural gypsum per cu. yd 1 lbs. iron sulfate per cu. yd., (keep from all hard surfaces, as iron sulfate can stain) Backfill hole with soil containing the gypsum and iron sulfate to a height 12" below finish grade. Place fertilizer plant tabs within the top 12" of soil at rates recommended by the manufacturer. Backfill remaining hole to finish grade elevation with soil having no more than 10% by volume organic matter. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of twelve (12) inches. D. Final Grades After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. Finish grading shall insure proper drainage of the site. All areas shall be graded so that the final grades will be 2" below adjacent paved areas, sidewalks, and valve boxes. Eliminate all erosion scars. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to SP 57 OF 77 planting or maintenance. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. E. Dispose of Excess Soil Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. F. Maintenance of Final Grades It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction, Landscape Establishment and Maintenance Phases. All erosion shall be properly repaired at the Contractor's own cost to the Engineer's satisfaction. Any slope soil run-off onto adjacent paving areas shall be cleaned regularly by the Contractor. G. Planting Installation Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the Engineer. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. H. Weed Control After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. Contractor shall repeat this "grow -and -kill" weed control cycle for a minimum of two (2) times, until weed has been eliminated to the satisfaction of the Engineer. The Contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. SP 58 OF 77 The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. I. Lav -out of Maior Plantings Locations of plants to be planted shall be approved by the Engineer before any plant pits are dug. Plants shall be located within their original containers on site and have their locations approved by the Engineer prior to any plant pits being dug. Plant tabs shall be placed on the top of each container at this time for easy verification of the number of plant tabs to be used on each plant. If an underground construction or utility line is encountered in the excavation of planting areas, notify the Engineer immediately to clarify if the utility line is dangerous. Other locations for planting may be selected by the Engineer. Planting of Shrubs: Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. Protect all areas from excessive compaction when trucking plants or other materials to the planting site All excavated holes shall have vertical sides with roughened surfaces. 1, Center plant in pit or trench. 2. Face plants with fullest growth into prevailing wind, unless other wise directed by the Engineer 3. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. 4. All plants which settle deeper than specified above shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the hole to cover approximately one-half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole t SP 59 OF 77 o thoroughly saturate the root ball and adjacent soil. J. Can Removal Cut cans on two sides with an acceptable can cutter. Do not injure root ball. Do not cut cans with a spade or ax. K. Planting of Plant Material Carefully remove plants without injury or damage to the root ball. After removing the plant, superficially cut edge -roots with a knife on three sides. Hand backfill and hand tamp leaving a slight depression around bases of plants. Backfill the remainder of the hole Planting tablets shall be set with each plant on the top of the root ball whole the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. After backfilling, an earthen basin shall be constructed around plants as follows: 1. Each basin shall be of a depth sufficient to hold at least two (2) inches of water 2. One -gallon plants shall have a basin not less than eighteen (18") inches in diameter. 3. Five -gallon plants shall have a basin not less than twenty-four (24") inches in diameter. 4. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one-third of the branching structure. L. Clean-up After all planting operations have been completed; remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and T SP 60 OF 77 the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work at the end of each working day. All trash shall be removed completely from the site throughout the entire Contract length to the satisfaction of the Engineer. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the Contract area, leaving the premises in a clean condition throughout the Construction Phase to the satisfaction of the Engineer. Observation Schedule The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of planting observations necessary prior to work. Typical observations may consist of, but not be limited to the following consecutive calendar day schedule: 1. Pre -job conference 7 days 2. Plant material inspection 7 days 3. Plant material layout/approval 7 days 4. Final planted locations 7 days 5. End of Construction punch list 7 days 6. End of Landscape Establishment phase punch list 7 days 7. End of Landscape Maintenance phase Punch list 7 days 8. Final observation at the end of the Maintenance Phase 7 days In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. END OF SECTION SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE PART 1 — GENERAL A. Scope of Work SP 61 OF 77 Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. Related Work Specified In Other Sections 1. Landscape Irrigation 2. Landscape Planting B. General Maintenance The length of the landscape establishment period shall be sixty (60) consecutive calendar days and the maintenance period shall be thirty (30) consecutive calendar days. Regular interval site visits, as determined by the Engineer, shall be conducted to ensure all plant materials are properly established. A punch -list walk shall be conducted at the end of the sixty (60) day landscape establishment period. Maintenance of plant materials shall include, but not be limited to trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run-off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. The Contractor shall provide a general clean-up operation at least once a week, in addition to the daily clean-up operation, for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. If necessary, the Contractor will be required to attend regular field visits to ensure satisfactory maintenance is provided. All personnel on the project shall be well trained, clean, neat at all times, and be SP 62 OF 77 conversant with these specifications. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. Contractor shall be responsible for removing all weeds in joints of sidewalks, curbs, and hardscape throughout the project. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. Water management: 1. Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material 2. Avoid water waste by setting controllers appropriately for the current season and weather. 3. Avoid blocking the clear view of signs, illumination of light fixtures, the airflow out of vents and conflict with pedestrians and vehicles or their views. 4. Safety of users shall be a prime goal of maintenance especially in regard to trimming of shrubs away from walkways and/or structures. 5. The Contractor, at his own expense, shall immediately replace all plant material that has failed during the Landscape Establishment and Maintenance Phases. C. Quality Assurance Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24-hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. SP 63 OF 77 D. Start of the Landscape Establishment Phase: The 60 -day Landscape Establishment Phase shall not start until all elements of construction, planting, and irrigation for the entire project have been completed and accepted by the Engineer. The Contractor shall request an inspection to begin the Landscape Establishment Phase after all planting and related work has been completed in accordance with the Contract documents and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a written notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Establishment Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment Phase. The Engineer shall have discretion of extending the Landscape Establishment Phase until all elements are completed to the satisfaction of the Engineer. E. Start of the Landscape Maintenance Phase The 30 -day Landscape Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project have been completed and accepted by the Engineer at the end of the Landscape Establishment Phase. The Contractor shall request an inspection to begin the Landscape Maintenance Phase after all planting and related work has been reviewed and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a written notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Maintenance Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment. Regular interval site visits, as determined by the Engineer, shall be conducted to ensure all plant materials are properly maintained. A punch -list walk shall be conducted at the end of the thirty (30) day landscape maintenance period. The Engineer shall have discretion of extending the Landscape Maintenance Phase until all elements are completed to the satisfaction of the Engineer. F. Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one year. This guarantee shall begin from the date of final acceptance at the SP 64 OF 77 end of the Maintenance Phase as established by the Engineer. Any plant material found to be dead, missing or in poor condition as determined by the Engineer, shall be replaced by the Contractor at his expense. Any materials found to be dead, missing, or in poor condition as determined by the Engineer, during the Maintenance Phase shall be replaced immediately, not at the end of the Maintenance Phase prior to inspection. The Engineer shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days. G. Final Project Submittals Prior to the date of the final inspection at the end of the Landscape Establishment Phase, the Contractor shall deliver a bond copy of the red -lined site "Record" drawing of the project to the Engineer. Prior to the date of final inspection at the end of the Landscape Maintenance Phase, the Contractor shall deliver to the Engineer the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the Engineer. H. Maintenance All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, mowing, rolling, edging, trimming, fertilization, spraying and pest control, as may be. required, shall be included in the maintenance period. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, pests or other damage as deemed by the Engineer shall be repaired at the Contractor's expense. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. Shrub Care Watering 1. Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. SP 65 OF 77 Pruning 1. Shrubs shall not be clipped in balled or boxed forms. 2. All cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. 3. Remove any spent blossoms or flower stalks after flowering. 4. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. Do not prune into formal shapes resembling balls, cubes, or rectangular forms. 4. Refer to "Special Provisions" section for root pruning specifications. J. Weed Control Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. K. Insect Control Maintain a reasonable control with approved materials and methods that are legally accepted in the area. L. Disease and Pest Control The Contractor shall be responsible to control all diseases and pests during the Landscape Establishment and Maintenance Phases. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The Engineer shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. M. Fertilization Fertilize all planting areas with the following materials. 1. All areas shall receive uniformly broadcast sulfur coated urea at the rate of 5 lbs. per 1,000 square feet. The first application shall be 90 days after planting with the frequency between applications after that at every 120 days. In early spring and fall, substitute a complete fertilizer such as 16-6- SP 66 OF 77 8 , or equal, for the soil sulfur coated urea at the rate of 6 lbs. per 1,000 square feet to ensure continuing supplies of phosphorus and potassium. Follow each fertilization with a thorough irrigation. When plants have become well established, fertilizer applications can be less frequent. 2. Iron is below optimum throughout this planting area. When micronutrients are low, especially in an alkaline soil, deficiencies can sometimes show in the plants. If deficiencies show once plants have become established, they may be addressed upon the first sign of deficiency. Iron deficiency symptoms are often characterized by yellow, almost white, interveinal chlorosis on the youngest growth. If these symptoms are apparent once plants are established, then application of iron chelate at the manufacturer's label rate may improve appearance. Chelates are generally more effective on alkaline soils than some of the other forms of trace elements. One option is the Monterey Ag Resources line of chelated micronutrient formulations under the brand name SEQUESTAR. N. Irrigation System The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary. All heads are to be adjusted as necessary for 100%, head-to-head coverage. Set and program automatic controllers for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give Engineer a key to controllers and instructions on how to turn off the system in case of emergency. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. O. Final Acceptance The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance to the Engineer's satisfaction. All plant material shall have new growth trimmed neatly, and all hardscape shall be cleaned prior to final acceptance. END OF SECTION SP 67 OF 77 SECTION 15151 DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION PARTS -GENERAL A. Description This section describes materials and installation of domestic and recycled water facilities identification for pipe, valves, valve boxes, quick couplers, sprinklers and other pipeline appurtenances. All domestic water systems and appurtenances shall be identified as herein described. All recycled water systems shall be identified as herein described. All non -potable water systems shall be identified as herein described. B. Submittals 1. Submit shop drawings on the following materials: warning tape, tags, and labels. 2. Submit shop drawing on identification sign including size, materials, verbiage, letter sizing, and colors. 3. Submit shop drawings on recycled water quick couplers, and irrigation valve covers. C. Warning Labels and Signs In all cases, the warning labels and signs must be approved by the Engineer prior to installation. Failure to receive prior approval may result in the Contractor removing such sign(s) and providing approved replacements. All costs shall be borne by the Contractor for the replacements. PART 2 - MATERIALS A. Recycled Water Pipe Identification For PVC pipe carrying recycled water: 1. Purple colored pipe marked with the wording "CAUTION: RECYCLED WATER, DO NOT DRINK" on opposite sides of the pipe. 2. Existing below -grade recycled water piping need not be marked unless the piping becomes exposed, such as during installation of new pipe or maintenance of existing pipe. The exposed section should be appropriately marked as recycled to the extent feasible. SP 68 OF 77 3. All above -grade or piping within vaults that are recycled water pipelines must be appropriately labeled and color -coded purple to differentiate recycled water pipelines from potable. Metallic pipe shall be painted with high gloss enamel. The color shall be purple (Pantone 512). B. Warning Tape (Detectable) All PVC mainline pipelines shall have a detectable warning tape placed in the trench 12 -inches above the pipe. Plastic warning tape (detectable) shall be five-ply composition of ultra-high molecular weight, 100 percent virgin polyethylene or an inert plastic film specifically formulated for prolonged underground use and shall include a metallic substance that can be registered by a magnetic field location device. The minimum thickness shall be 4 mils and the overall width of the tape shall be 3 -inches. Warning tape (detectable) shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc., Griffolyn Co., Inc., Terra Tape, Division of Reef Industries, or approved equal. The color of the tape shall be in accordance with the above requirements and the Recycled Water Urban Irrigation User's Manual. Recycled Water Pipelines: Purple warning tape (detectable) with black lettering identifying the recycled water pipeline. Lettering shall be a minimum of 1 -inch high letters with the wording: "CAUTION: RECYCLED WATER LINE BURIED BELOW". Christy's Part Number TA-DT-3PRW or approved equal. C. Warning Tags Warning tags shall be an inert plastic film or polyurethane specifically formulated for prolonged exposure. The warning tag shall incorporate an integral attachment neck and reinforced attachment hole. The size of the tag shall be 3" by 4" with a minimum thickness of 10 mils. Warning tags shall be attached with heavy-duty nylon fasteners. Warning tags shall be as supplied by T. Christy Enterprises or approved equal. Recycled Water Identification: Warning tags shall be prepared on a purple field, and shall have the words: "WARNING RECYCLED WATER DO NOT DRINK" and "AVISO AGUA IMPURA NO TOMAR" on one side printed on the field in black letters and a the "Do Not Drink" logo on the back side. Minimum letter height shall be 1 -inch. Christy's Part Number ID-MAX-P2-RC009 or approved equal. SP 69 OF 77 D. Warninq Labels Warning labels shall be a minimum 3.5 mil flexible vinyl base with a permanent acrylic adhesive backing on a 90# stayflat liner. Both the background and legend are printed with a UV cured vinyl ink. The entire decal shall be clear flood over- printed for superior weathering and UV protection. The size of the labels (decals) shall be 3.5" by 4.375" for controllers, Warning labels shall be as supplied by T. Christy Enterprises or approved equal. Warning labels for controllers shall be prepared on a purple field, and shall have the words: "Attention Controller Unit for Recycled Water Atencion Unidad Controladora del Agua Recuperada" printed on the field in black letters. Christy's Part Number ID -4100 or approved equal. E. Identification Signs Contractor shall install identification signs at the approximate locations shown on the plans. The signs shall be made of 1/16" thick (minimum) aluminum and its size shall be 18" wide by 24" high. The signs shall have a purple background and white lettering and artwork with rounded corners. The verbiage shall read as shown on Christy's Specialty Sign I.D.SIGN.35 except with the word: "RECLAIMED" CHANGED TO "RECYCLED" or approved equal. Contractor shall submit the sign for review and approval by the Engineer. The Identification Signs may be mounted on poles, attached to fences, buildings or existing pole mounted signs. Post mounted signs shall be mounted on a galvanized steel post or galvanized U -channel post. Post shall be embedded 16 - inches into an 8 -inch diameter, 20 -inch deep concrete footing. Top of sign shall be located at a maximum height of 48 -inches above finished grade. F. Quick Coupling Valves All quick coupling valves on the Potable Water System shall be different than the quick coupling valves on the Recycled Water System. Quick coupling valves shall not be interchangeable between the Potable and Recycled Water Systems. All quick coupling valves on the Potable Water System shall of like make and model. All quick coupling valves on the Recycling Water System shall of like make and model. Recycled Water System: Quick coupling valves shall be 3/ -inch or 1 -inch nominal size and of brass construction with a normal working pressure of 150 psi. The covers must be permanently attached and made of purple rubber or vinyl with the words "RECYCLED WATER" imprinted on the cover, and must be provided with a lock. To prevent unauthorized use, the valve should be operated SP 70 OF 77 only with a special coupler key with an acme thread for opening and closing the valve. Quick coupling valves shall be Nelson 42 with 40K key or approved equal. All quick coupling valves shall be of a design that prevents the quick coupler key (spike) from being used in potable water quick couplers. Contractor shall verify in the field the existing quick coupler on-site and determine the type to be supplied for each site. G. Valve/Irrigation Boxes All valve or irrigation boxes shall be identified by these Specifications. This includes all manual valve boxes and electrical control valve boxes. Recycled Water System: All valve boxes (gate valves, manual control valves, electrical control valves or meter vaults) found on the recycled water irrigation system shall have a purple cover. In addition, the cover shall have a warning label permanently molded into or affixed onto the lid with rivets, bolts, etc. The cover shall have the words: "Recycled Water". Letters shall be a minimum of ''/i' high. As on option, the Contractor may use Christy's Model #3800 Recycled Water Valve Box Identification Nameplates or approved equal. The nameplate shall be 5.75" long and 1.25" wide. The nameplate shall be manufactured in purple, in a UV resistant co -polymer plastic. The nameplate shall be attached with two tamper -proof attachment rivets. The wording shall read: "Recycled Water Do Not Drink — No Tomar". Existing concrete valve boxes will require that the exterior be painted purple (Pantone 512) for identification. PART 3 - EXECUTION A. Installation of Warning Tags All potable water and recycled water meters, pressure reducing valves, backflow devices, sprinkler control valves, gate valves, manual control valves, quick coupling valves, electrical control valves, strainers and hose bibs shall be tagged as described below. 1. Method of Attachment: Warning labels shall be firmly attached using heavy-duty nylon fasteners. 2. One warning tag shall be attached to each appurtenance as follows: attach to valve stem directly or with plastic tie wrap; attach to solenoid wire directly or with plastic tie wrap; attach to valve cover with existing valve cover bolt; or attach to the body of the relative appurtenance with a plastic tie -wrap. SP 71 OF 77 B. Installation of Warning Labels Warning labels (decals) shall be placed on all controllers, pumping equipment, above ground piping and sprinkler risers. END OF SECTION! SP 72 OF 77 moil &-Plant Laboratorj,,lic bv2an In Sw'1 L Tangy ivvLL.p 5'um 191G x�'w"soVaMrNrvtlEon'ay.mm Orange office t Uars: Lab No: 09-215-0003 August 12, 2009 ' 352 Mathew SL santa clava, CA 95050 TLCA, Inc. (408) 727-0330 1430 Reinolds Ave. #103 Irvine, CA 92614 Attn: Harry Kobzeff 1594 Nash Main St. ORLSTOL STREET NORTH Omnge,CA 92867 (714) 282-8777 Attached are the results of the analyses performed on four soil samples collected from the above mentioned project site and received by Soil and Plant Laboratory on August 3, 2009. These samples were analyzed for nutrient levels and soil suitability in preparation for a new landscape installation. Analytical Results: ' Nitrogen is optimum in the'#1'sample and low optimum in the'#3'sample. Nitrogen is low in the '#2' and'#4'samples. Phosphorus is sufficient for plant nutrition throughout Potassium Is slightly below optimum in the'#2'sample and low -optimum to optimum in the other three samples. Calcium and magnesium are sufficient throughout. Copper, zinc and iron are uniformly well supplied. Iron is low in all four samples. The reaction of the soil represented by the'#2' and'#3' samples is slightly alkaline. Eachof those samples has a pH value of 7.3, which is suitable for a broad range of plants and no pH adjustment is necessary in either of those locations. The'#1'sample is slightly alkaline with a pH of 7.5. The'#4'sample has a pH of 7.7, which is moderately alkaline. The level of alkalinity in those two samples may cause some plants to show symptoms of alkalinity induced chlorosis, particularly on younger foliage. Qualitative lime is absent throughout this site, indicating that the soil is weakly buffered against downward pH changes. Incorporating soil sulfur at the rate and depth provided in the'#1' and'#4'sample areas well adjust the soil pH downward over time. That change will happen slowly and only affect the soil as deeply as sulfur is incorporated. Plants that are sensitive to alkaline soil conditions should not be chosen for - this project:. The texture of the'#1'sampke is sandy loam with approximately 14% of the sample being comprised of gravel. The elevated gravel content in that sample may cause the soil to consolidate and compact readily. The estimated water Infiltration rate of that area is a moderate 0.29 inches per hour and may change based on the degree of sail compaction. The texture of the soil represented by the'#2'sample is loam with 57°/6 of the soil being comprised of silt and clay. The estimated water infiltration rate in that area is a moderate 0.29 inches per hour. The actual rate of water infiltration may vary depending on the degree of soil compaction. Drainage in that area may be slow due to the relatively fine texture of the soil. The'#3' and'#4'samples represent sandy loam with an average estimated water Infiltration rate of 0.36 inches per hour. The degree of compaction throughout those areas may affect the actual water ' Infiltration rate In the field. ' Boron is safely low for general ornamental plants, yet sufficient for plant nutrition In all four samples. SP 73 OF 77 (W& foil &,Plant Laboratory,Nlc ie.me.. m sen n ries., ms.o s..< I.nn .naMaMPlarLaMzlaYm^, Page 2 TCLA, Inc. August 12, 2009 Analytical Results Continued over all salinity (ECe) is safely low In the'#1','#2' and'#4'samples. Salinity in the'#3'sample is elevated at 4.3 dS/m and the largest contributor to the ECe in that sample is soluble sodium. Soluble calcium is also a significant contributor. This level is high enough to muse some plants to show tip burning of older leaves. Several thorough irrigations should be applied in that area prior to planting to Bush excess salts out of the root zone. Be sum to allow the soil to dry slightly between irrigations to avoid creating anaerobic soil conditions. After leaching is complete, nitrogen will likely be below optimum In the root zone in that area and a pre -plant application of a nitrogen fertilizer will aid in plant establishment. Although over all salinity is safely low In the'#2'sample, soluble sodium in that sample Is slightly elevated at 15.9 milliequivalents per liter (meq/1), which could muse plants that are sensitive to sodium to show some tip burning on older foliage. Initial Irrigations in that area should be sufficient to provide some leaching. The sodium adsorption ratio (SAR) values in the'#2' and'#3' samples are elevated at 6.7 and 6.3 respectively, indicating that sodium is not properly balanced by calcium and magnesium in those samples. That imbalance may have a negative impact on soil structure and drainage. Incorporating gypsum at the provided rate and depth in those areas will adjust the SAR downward in the rootzone Recommendati Surface Soil Precoration for Turf. Groundoover and Mass Plantino If feasible, prior to amending the areas where severe compaction exists, the surface soil should be ripped or tilled to a 9 -Inch depth. Uniformly broadcast and blend the following with existing soil to a 6 - !rich depth. Amount per 1000 Materials sq.ft. Sample Location(s) Nitrogen fortified organic amendment 4 cu. yards All sample locations (compost* or redwood or fir sawdust) Soil sulfur 10 lbs. a 1#1' . #4 Gypsum - 25 lbs. . '#2' . '#3' Ammonium sulfate (21-0-0) 7lbs. . '#2' '#3' '#4' Potassium sulfate (0-0-50) 5 lbs. '#2' {Rahn and fertilizers may have to be adjusted depending on analysis of selected compost. , n^LnrFnrn mpl SP 74 OF 77 moil Plant Lakorator-9.,nc mea��;. s,a s ems; mm� spm ,vae ..,..�� EmpuoweoA�oy o�m Page 3 TOA, Inc August 12, 2009 Tree and Shrub Planting Guidelines 1. Excavate planting pits at least twice the diameter of the roothall. 2. The top of the rootball should he at or slightly above final grade. 3. To improve soil chemistry, uniformly blend 1 Ib. of iron sulfate per cubic yard of backfill soil. Handle icon sulfate with caution since it will severely stain moist concrete. 4. Uniformly blend 2 lbs. of gypsum per cubic yard of backfill soil in the'#2' and'#3' locations. 5. Organic material Is not required in the backfill; however if you wish; the amended surface soil or a soil blend consisting of no more than 10% by volume organic matter can be placed in the uoper 1 inches of backfill only. Soil below this depth should not contain any addedorganic matter because of the threat of plant disease and/or anaerobic soil conditions developing. 6. Place slow release fertilizer tablets in the upper 12 inches of backfill at manufacturers recommended rates. If fertilizer amended soil is used as a backfill the addition of slow release fertilizer tablets is not necessary. 7. Do not cover the original motball with other soil. Ideally, a temporary soil berm is often constructed around the outer edge of the roothall to help channel water into the roothall and then into surrounding soil until roots are established in the backfill and the roothall is no longer the sole source of water for the plant S. Ideally, a weed and turf free zone, preferably 2-3 ft. in diameter, should be maintained just beyond the diameter of the planting hole. A2-4 inch deep layer of coarse mulch can be placed around the tree or shrub; mulch should be kept a minimum 4-6 inches from the bunk. Maintenance fertilization .For turf, groundmver and mass planting areas, uniformly broadcast sulfur mated urea at the rate of 5 lbs. per 1000 sq. ft. The first application should occur approximately 45 days after planting, with repeat applications every 60-90 days or as growth and color dictate. In early spring and fall, substitute a complete fertilizer such as 16-6-8, or equal, for the sulfur mated urea at the rate of 6 lbs. per 1000 sq. ft. te ensure continuing supplies of phosphorus and potassium. Tree and shrub planting can be maintained with the above fertilizers; however, the frequency between applications should be every 120 days, with the first application 90 days after planting. Follow each fertilization with a thorough irrigation. When plants have become well established, fertilizer applications can be less frequent. As noted above, iron is below optimum throughout. When micronutrients are low, especially In an alkaline soil, deficiencies can sometimes show in the plants. If deficiencies show once plants have become established, they may be addressed upon the first sign of deficiency. Iron deficiency symptoms are often characterized by yellow, almost white, interveinal chlorosis on the youngest growth. If these symptoms are apparent once plants are established, then application of iron chelate at the manufacturer's label rate may Improve appearance. Chelates are generally more effective on alkaline soils than some of the other forms of trace elements. One option is the Monterey AgResourees line of chelated micronutrientformulations under the brand name SEQUESIAR®. �¢ P vrn. coif mm SP 75 OF 77 t` LL 0 CL co TCLA, INC Soil& -Plant L.a6oratorg,lnc4 1430 Reinolds Ave #103 Loud"rs in son a prom Tev:n9 mora 1946 (& 352 Mau an 6lreel Sara Ouo CA 95050 400427.0330 (phone) 408-]22.512S (rax) L uurx.soifandplan0aberawyaom IMne CA 92614 Project : Bristol Street North COMPREHENSIVE SOIL ANALYSIS Report No : 09-2154001 Purchase Order: Date Recd: 08/03/2009 Date Printed : 08/1212009 Page: 1 of 1 SBRd.ocy (anter (I.o=suffident for mu, cop) belmveach mMeM W. N factor Meed on 200 ppm counsel food. SAR = SodNm adsory6an mile. Nd1SaMrdicn hc,appmx field museum rapacty. Nsugen(N), Pelasdum(q Caldum(Ca) am Ma9neslumh4u by sodhan hlmko eNmo6on. PMepM1ams(P) by wdlum bicarbonate atracbn. CoppegCu). MagZn), Mauganou e(Mn) a Imn ico) by DTPA eximcllon. S.I. and method 1. saint, (ECe as dStm),Bemn (B). Sunme(504 ), Sadlum(Na} Grovel Mclion axpmssed as p ream by xeipM of wan-dAed sample p essin9 a 12mmf121wh) slave. Parcld elms In Ml9malam. Omode pent nta0a delamined by WaIM4y-Block or Use an I9n91on. -raw mcmer n PX Ca NpPm' J_ L Fe Sample Description - Sample ID TEC Dual i Lime I d9lm�P-m + __PP=m _.._ P� _ pPT� PPM PPm �-----�- Soificlency Factors PP _i ppm ppm I Y gym an jI Lab No J -_ `135 1 11 T.b t0 1> 7 U 66 1112 0.9 2.1 4 4 17844 60 Nono 1.1 1� 1.1 { 1.1 I 1.1 0.] 0.7 0.3 - -^ 2 11 7.3 27 6- ]... _.-_18 1023 I 324 14 .. j ¢0 ] 0 �_. 17896 _- 110 non .�_ 03 ;."'_>... 09 0.7 I 09 1A 1.0 1 14 0.5 0.1 3 13 I ].3 4.3 a I 14 1 ice6 _..._.. 20 = '74: loss 1 3.6 _ _._.. __ _. _._ _..__.-_i,-.._.____ i,_.,.-. !._ __s-.. ..._.1 _.._...._._t____... 4 5 .? � 17848 P_ J_OA 1.3 I 0.0 1.0 L 1.fi I 0.0 ( 1.1 0.6 '_ 0.1 4 I 6 I.5 1 T 20 f 86 1 153 11.0 LU 17847 65 Nono 12 OB 1A 09 1.3 I 0.5- 0.1 ( Saturation Extract Values I- �-1 Gravel •/ Percent of Sample Passing 2 mon Scman Ce Mg I Na B 304 +I SAR meWL mag/L megtL i me9/L i Ppm _meglL !T___-.�_ 60-12 21n5 Sand ((^'Silt I Very -2arsa Come Mad005-e SFlno 002.06 �- I ChoyI 0-.0 USDA Soli Classification I Lab No. i 10.0 2.9 4.0 0.2 0.25 7.5 3 t.a 9.0 5.3 114 10.0 ]].B 10.0 16.a Sandy Loan 17844 T.4 3A 15.9 I 0.4 '� D.33� 13.0 I 0:> 1 0.9 i.3_��0.2 9.2 2T.4 ( J.- 24.0 Loam 17845 111 5.4 10.2 0J 0.02 : 124 I Q3 1 3.4 11 i 6.0 11.2 30.6' 20.J 16,9 Sandy loam 17846 Z4 1.3 6.5 0.1 OAfi 4.E ].9 3.6 1.6 4.4 _ 14.0 61.9 10.7 12.9 Sandy Loam_ _ 17847 SBRd.ocy (anter (I.o=suffident for mu, cop) belmveach mMeM W. N factor Meed on 200 ppm counsel food. SAR = SodNm adsory6an mile. Nd1SaMrdicn hc,appmx field museum rapacty. Nsugen(N), Pelasdum(q Caldum(Ca) am Ma9neslumh4u by sodhan hlmko eNmo6on. PMepM1ams(P) by wdlum bicarbonate atracbn. CoppegCu). MagZn), Mauganou e(Mn) a Imn ico) by DTPA eximcllon. S.I. and method 1. saint, (ECe as dStm),Bemn (B). Sunme(504 ), Sadlum(Na} Grovel Mclion axpmssed as p ream by xeipM of wan-dAed sample p essin9 a 12mmf121wh) slave. Parcld elms In Ml9malam. Omode pent nta0a delamined by WaIM4y-Block or Use an I9n91on. -raw mcmer n SP 77 OF 77 SOIL TEST LOCATION MAP END OF SPECIFICATONS CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2-27-12 Dept./Contact Received From: Shari Rooks Date Completed: 3-02-12 Sent to: Shari By: Joel Company/Person required to have certificate: Green Giant Landscape, Inc. Type of contract: All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10-09-11/10-09-12 A. INSURANCE COMPANY: Golden Eagle Insurance Company 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. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. 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 K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10-09-11/10-09-12 A. INSURANCE COMPANY: Peerless Indemnity B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (ff individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4-01-11/4-01-12 A. INSURANCE COMPANY: Peerless Indemnity B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): ® Yes [—]No D. WORKERS' COMPENSATION LIMIT: Statutory ❑ Yes ® No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY . �Y9fit01:ZRI06 1 Approved: ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No - Yes ® No Need Work Como waiver of subrogation nd Statutory Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. = CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 8 February 14, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer APPROVED: TITLE: Bristol Street North Landscape Improvements — Award of Contract No. 4301 ABSTRACT: Staff received construction bids for the Bristol Street North Landscape Improvements project and is requesting City Council's approval to award the work to Green Giant Landscape, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications; 2. Award Contract No. 4301 to Green Giant Landscape, Inc., for the total bid price of $305,460.00 and authorize the Mayor and City Clerk to execute the contract; and 3. Establish a contingency of $30,540.00 (approximately 10 percent) to cover the cost of unforeseen work. 4. Approve Budget Amendment No. 12BA- 027 recording and recognizing $316,900.00 in federal grant money from the Transportation Enhancement (TE) funding to Account No. 250-4880 and appropriating $316,900.00 to Account No. 7251-C2002028. FUNDING REQUIREMENTS: City staff was successful in applying for federal Transportation Enhancement (TE) funding for project construction. The maximum programmed funding awarded to the City is $357,958.00, of which $316,900.00 is federal grant money and $41,058.00 is City matching funds. Should the final contract with Green Giant Landscape, Inc. fall Bristol Street North Landscape Improvements —Award of Contract No. 4301 February 14, 2011 Page 2 below the grant amount, the balance of the TE funding may be applied towards construction management and related services. The Budget Amendment records and appropriates $316,900.00 in additional revenue from TE grant funding and $316,900.00 in increased expenditure appropriations. The revenue will be posted to the Federal Highway Funds account in the Public Works Department, 250-4880, and the contract cost will be expensed to the Contributions (TE Grant) account in the Public Works Department, 7251-C2002028. Proposed uses are as follows: Account Description Account Number Contributions (TE Grant) 7251-C2002028 $ Bristol Street Relinquishment 7253-C2002028 (City Matching Funds) Amount 316,900.00 20,100.00 Total $ 337,000.00 It should be noted that annual landscape maintenance cost associated with this project Vendor Purpose Green Giant Landscape, Inc. Construction Contract $ Green Giant Landscape, Inc. Construction Contingency Various Utility service connections and soil/material testing Total $ is estimated to be $9,200 per year. DISCUSSION: Amount 305,460.00 30, 540.00 10,000.00 337,000.00 At 10:00 a.m. on January 19, 2012, the City Clerk opened and read the following bids for the Bristol Street North Landscape Improvements project: BIDDER Low Green Giant Landscape, Inc. 2 KASA Construction 3 STL Landscape, Inc. 4 Nobest, Inc. 5 America West Landscape, Inc. 6 Marina Landscape, Inc. TOTAL BID AMOUNT $305,460.00* $307,810.00 $340,509.00 $427,000.00 $510,300.02** $592,079.00*** * As -read amount is $305,220.00 ** As -read amount is $510,600.62 *** As -read amount is $612,079.00 Bristol Street North Landscape Improvements — Award of Contract No. 4301 February 14, 2011 Page 3 The total bid amount is less than one percent above the Engineer's Estimate of $303,000.00. The work for this contract includes the clearing and grading of the existing dirt shoulder to accommodate new landscaping and an irrigation system, constructing concrete pavement, curb and gutter, and depressed maintenance access curbs; and installing a maintenance walkway. The low bidder, Green Giant Landscape, Inc., possess California State Contractors Licenses Classifications of "A" and "C-27" as required by the project specifications. A check of Green Giant Landscape, Inc., references indicates satisfactory completion of similar projects within the City of Newport Beach and other local municipalities. Pursuant to the contract specifications, Green Giant Landscape, Inc., will have 65 consecutive working days to complete the work followed by a 60 -day landscape establishment period and 30 -day landscape maintenance period. Shortly after the bid opening, the second apparent low bidder (KASA Construction) submitted a bid protest. After investigation, staff determined the questions raised by KASA Construction regarding Green Giant Landscape, Inc.'s proposal to be immaterial. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15304(b) (Minor Alternations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Step adum Pu �c rks Director Attachments: A. Location Map B. Bid Protest and Response Letter C. Budget Amendment f �it ��- � - I��u u PROJECT AREA PROJECT AREA n W U J W N > N K 2 O N � U W PROJECT ,AREA, PROJECT AREA u � � w o N � D � WW K m - a CITY OF NEWPORT REACH BRISTOL STREET N. LANDSCAPE PUBLIC WORKS DEPARTMENT IMPROVEMENTS C-4301 PROJECT LOCATION MAP '...K7A =P^�� C® ISI E; -IF FR U C T I® ISI License # 927544 January 25, 2012 City of Newport Beach Iris Lee, PM 3300 Newport Blvd Newport Beach, CA 92663 Project: Bristol Street North Landscape Improvements, Project No. 4301— Subject: BID PROTEST Bid Date: January 19, 2012 This letter is in regards to the validity of the proposal and the capacity of the Apparent First Low Bidder, Green Giant Landscape, Inc. to perform the work. After careful review of the proposal received today by KASA, I discovered a few discrepancies and omissions which in turn, would deem the apparent low first bidder, non-responsive. Public Contract Code section 4104 Specification in Bid of Information about Subcontractors, requires a general contractor when listing a subcontractor to list the Name and the Location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor. On page 17 Section 3- Designation of Subcontractors, it clearly states to list the Name and business address and item of work. Green Giant Landscape failed in listing any subcontractors; therefore the contractor will self -perform all scopes of the project. There is significant jack and boring on the job which Green Giant did not list a boring contractor nor does Green Giant have an electrical license or Certification to perform the Electrical portion of work. Furthermore and most importantly, Green Giant was missing the Notary Acknowledgement of the Principal for the Bidder's Bond, which is required and shall be grounds for automatic disqualification. On the lower portion of the bidder's bond it states that (Notary acknowledgement of Principal & Surety must be attached). The omission of the Acknowledgement of the Principal alone renders the apparent low bidder non-responsive. Lastly, Green Giant listed as their UDBE Logans Marketing for all the plant material. On the landscaping plan sheets it clearly states that all shrubs shall be purchased from Designed 1I or Mountain States Nursery. I checked the listed UDBE and their website at www.loonsmarketinvinc.com and they do not state on their web page that they broker plant material. The only construction material Logan Marketing brokers is aggregates and bituminous 316 M. Corona Ave., Ontario, CA 91764 Phone: 909.457.8260 / Fax: 909.457.8261 000 1 '."KA dS222-A--- C O N ,S -F FZ 9__I 07F O® N License # 927544 material. The shrubs specified are not inexpensive and if a broker would add his mark up on the material it would raise the price of the product and would in turn over -bid the job. KASA Construction respectfully requests that the City of Newport Beach considers the above findings and makes a fair determination in making Green Giant Landscape non-responsive. If there is any additional information needed, please do not hesitate to call me at the number below. KASA Construction has extensive experience in this line of work and is anxious to begin the project. Visit www.KASAconstruc6on.com S' cerel , —**L -- Hector Zavala Estimator KASA Construction, Inc. 316 N. Corona Ave., Ontario, CA 91764 Phone: 909.457.8260 / Fax: 909.457.8261 30' ' :( y � � PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director Hector Zavala KASA Construction 316 N. Corona Avenue Ontario, CA 91764 SUBJECT: BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS, C-4301 BID PROTEST Dear.Mr. 'Zavala: the Clfy of Newport Beach is in receipt of,yourKASA Construction's bid protest on the Bristol Street North Landscape Improvements project— Contract No. 4301, dated,January-25, 2012. City staff has reviewed the noted points regarding the Law Bidder's (Green Giant landscape, Inc.) proposal, and determined them to be immaterial. Please see the following responses: 1. RASA indicated.Green Giant did not list any subcontractors to perform the boring and electrical work required. C Green Giant possesses bot h'"A" and "C-27" contractor licenses, which will allow them to perform the'stipulated work without enlisting subcontractors. KASA indicated dfeen Giant did not provide the proper no ry.acknowledgements'for both Principal and Surety. Green Giant submitted notary ackn,owledgeme, ntS for,both.Principal,and.Surety.,Copies have b'een'attachedao this -letter as evidence. 3. 1(ASA indicated the-GreeriGiant-listed UDBElogan Marketing.enly brokers,agg-rregate's<and bituminous construction_ _materials.'KA$A,researched this information on LoganNlarketing's website. Itis noted that Logan Marketing does broker construction material such as aggregates and .bituminous materials; however, there is no evidence that Logan Marlceting raoesnot broker landscape material, as listed on the UDBE Commitment exhibit. The City wodld like to thank you for your time and interest in the _Bristol Street North Landscape Improvements project. Should you have any further questions regarding this contract, please feel free to contact me at (949) 644-3323. Sincerely, Uri S -L e, P.E., T.E. Senior Civil Engineer 3300 NeNvport Boulevard - Post Office Box 1768 - Newport•Beach, California 92658-8915 Telephone: (949) 644-3311 -Fax: (949) 644-3318 www.clty.newport-beach.ca.us is the I CITY'OF'NEWPOAT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 BIDDER'S BOND undersigned Principal and Surety, toss,, agree•to be jointly, acid set th'e and assigns, executors, heirs ,firmly bound to the City of If the, undersignee), Principal executing this Bond is executing this Bond as an individual, if "is agreed that 'the death'of any such ,Principal :shall not exonerate the Surety from Its obitgations under -this Bond_ Witness our hands this L day o i:meary 2012. ;Green'Giani:Landscalie;.Iric. ;Name of Ccjnfractor (P(ncipal) Philadelp6io Indemnityyns_uance Gompanp Name# Surety 260,0,Wrsl O.Iive.Ave, 5th floor, Buibmk,CA'91505 -Address of Surety 1818-333-5195 _ Telephone LMa D. Coels,.Allomey-ih-Fact 'Pant Name and Title :(Notary acknowledgment of Principal &'Surety must be attached) CALIFORNIA ALL-PURPOSE. CERTIFICATE OF ACKNOWLEDGMENT State of California County of On /Z a/z" before me, personally appeared Who proved to me on the basis of satisfactory evIdenbe to be*the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to ipq - - ihsam--e _Ohe_rhhei authorized wpicp we pursonks) acieu Px-eppma une insnumem. .1 certify under r PENALTY OF PERJURY under the taws of the � State ofC' Hfqrnia-thaI tlid fore --h gqin&pArsgqp is true aud dpriffoct., '§!E TQLLbd 17 COMM # 191334� A,ol I cal. 9 LOS ANGELES COUNTY WITNESS in hou, y�h� /I HOTA,Rkh- ALIFORNIAE: Si ,,fN ublic (Notary ADI)i)[TIQNAL OPTIONAL INFORMATION DE:SC!M0F THE Ar,- . rA , CIM . Dlibrij t QAqqOC45scnp I q1tichied document ' calktin I Ued) 1. ' - ' ' - 1�urnber of Pages. Document Date IAddifionat iffomaUuq) CAPACITY CLAIMED By THE SIGNER ❑voi duto I (s) Co Officer (ride) • Partner(s) • Attorney -in -Fact 0 Trustee(s) 11 Other. 2008VcaionCAPAYI2I0.07800-873-9865 smm.NolmyCliss ..Wm State of California Countyof Orange On JAINJIV-j4 11, �V)- befdrein,p Adelaidd-C. Hunter, Notary Public (ins.ertnmpe,mid ilde of the officer) 'who .wfi'6p'rdVedib me onihe basis of satisfactory eVidence to be the person(s) whose haific(i), Win subscribed to the within instrument acknowledged and kknbW.1'e,d,g'e.d-,tb;methact,h,e -!Wtb.. executed . 'the -M*�Vlri:r?!ih�lt dut 11oI .5 sametoi e capa�iq6e0j;qna,.diatb hi" mrI'didir.imature(i),tinibc ins:trume t rgbi (s) entity on behalf -61 the person(i) acted executed ffie ,p, he pe.. � n-1. I, or &n up instrument: I certify undei PENALTY OF PERJURY under the laws cI Sta"te of California that the foregoing IiI ii -s true and.coffect. WITNESS my hand and offi,dial 'seal.. Signature (A - dwvta ADELAIDE C;V�HUNTER.J 808793 G�jyifnjs'�iqn iv 1,8081793 Noiky:pubfic wi. California 0raiige C&U61Y Comm.'Exuos.Aug 8, 201 0 MI W MIMI Cory of Newport Beach NO. BA- 12BA-027 BUDGET AMENDMENT 2011-12 AMOUNT: $31s,soo.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance 8 Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue R expenditure appropriations due to award of Transportation Enhancement funding from the Department of Transportation for the Bristol Street North Landscape Improvements project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description 250 4880 Contributions Fund - Federal Highway Funds $316,900.00 EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Description Number 7251 Contribution Number C2002028 Landscape Improvement on Bristol Number Number Number Number Number Number Signed: lJ Fi tial ppro I: Finance Director Signed: Signed: Approval: City City Council Approval: City Clerk Automatic $316,900.00 a.7. 111-11 Date C -i 7 112. Date Date