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HomeMy WebLinkAboutC-5653 - Newport Beach Bike Lane Improvement ProjectAugust 11, 2016 Superior Pavement Markings, Inc. Attn: Darren Veltz 5312 Cypress Street Cypress, CA 90630 Subject: Bike Lane Improvement Projects — C-5653 Dear Mr. Veltz: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov On August 11, 2015, 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 August 14, 2015 Reference No. 2015000425332. The Surety for the contract is Merchants Bonding Company (Mutual) and the bond number is CAC712777. Enclosed is the Faithful Performance Bond. Sincer y, Leilani I. Brown, MMC City Clerk Enclosure PREMIUM IS FOR THE CONTRACT TERM AND JBJECT To ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXHIBIT B Executed in duplicate CITY OF NEWPORT BEACH BOND NO. CAC712777 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,941.00 , being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Superior Pavement Markings, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of the contract, consisting of modification of striping and signage for the installation of bike lanes on Jamboree Road (from Coast Highway to Bayview Way), San Joaquin Hills Road (from Jamboree Road to Spyglass Hill Road), and Spyglass Hill Road (from San Joaquin Hills Road to San Miguel Drive), in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Merchants Bonding Company (Mutual) , 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 One Hundred Seventeen Thousand Six Hundred Thirty Two Dollars and 001100 ($117,632.00) 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. 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 City, only in the Superior Pavement Markings, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 23rd day of March % ,2015 V Superior Pavement Markings, Inc. St=GfL!%ot Name of Contractor (Principal) Authorized Signature/Title Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive, Des Moines, Iowa 50321 Address of Surety (515)243-8171 Telephone APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: Aaron C. Harp 'wo3(,s1,4 City Attorney Authorized Agent Si ature Stephanie Hoang, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Superior Pavement Markings, Inc. Page B-2 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 day of 20_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By" Aaron C. Harl:A'"osfirlK City Attorney Pdfs�o`,�T Authdft'e16ha /Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Superior Pavement Markings, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On ss. 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On ss. 20 before me, (seal) Notary Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Superior Pavement Markings, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code 1189 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed t document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA l COUNTY OF ORANGE Jj On March 30, 2015 before me, Sandy Dorswitt, personally appeared Darren Veltz OPTIONAL Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: March 23, 2015 Signer(s) Other Than Named Above None Number of Pages: Capacity(ies) Claimed by Signer(s): Signers Name Darren Veltz Signer's Name Individual ❑X Corporate Officer - Title(s) ❑ Partner - Limited/General ❑ Attorney In Fact ❑ Trustee Guardian or Conservator Other Signer is Representing: Owner/Secretary Right Thumbprint a Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact El Trustee Guardian or Conservator ❑ Other Pavement Markin Inc. 2 Right Thumbprint a who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/hegtheir authorized capacity {les), and that by hist e„4he signature (s) on the instrument the person(s), or the entity upon behalf of which the persons) SAM DOF4YATT ComtMSUon •3026092 acted, executed the instrument. Notary Public • California I certify under PENALTY OF PERJURY under the laws of t Los Ani Countythe State of California that the foregoing paragraph is true M Comm. fti Jun 21, 2017 and correct. WITNESS my ha d and official seal Signature Sandy w L` Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: March 23, 2015 Signer(s) Other Than Named Above None Number of Pages: Capacity(ies) Claimed by Signer(s): Signers Name Darren Veltz Signer's Name Individual ❑X Corporate Officer - Title(s) ❑ Partner - Limited/General ❑ Attorney In Fact ❑ Trustee Guardian or Conservator Other Signer is Representing: Owner/Secretary Right Thumbprint a Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact El Trustee Guardian or Conservator ❑ Other Pavement Markin Inc. 2 Right Thumbprint a CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 3121 f 5 before me, V. Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) 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(&), or the entity upon behalf of which the person(s) acted, executed the instrument. V.COPELAND Commission • 2046542 = z Notary Public - Calitomla Z Orange County Comm. Exire& Oct 24. 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSin land and officials Ofi Signature: igature of Notary Public ------ --_— OPTIONAL — — ---- — — _ — Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Eric Lowey; Mark Richardson; Shawn Blume; Stephanie Hoang; Teresa I Jackson Of Costa Mesa and State of California their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rdday of September, 2014 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /-'e,7z 7a— sident On this23rdday of September, 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authonty of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ,,iW�' y'A4WENDY WOODY ZCommission Number784654 xpiresMy Commission Expires0 Ell June 20 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of March , 2015 ,..,...,...e . R4,.,• m' 99,;.y'�: �' ';tib �� • �� `_7V• 2CD3 Sy 1933 v=• 2G03 :'n' si 1933 POA 0014 (7/14) ••••� y ...... STATE OF IOWA >t ,,,• ""••.loll. ....... ••• COUNTY OF POLK as. ..... MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /-'e,7z 7a— sident On this23rdday of September, 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authonty of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ,,iW�' y'A4WENDY WOODY ZCommission Number784654 xpiresMy Commission Expires0 Ell June 20 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of March , 2015 ,..,...,...e . CIS •,nap\NPOyq�'°9'. `_7V• 2CD3 Sy 1933 ,o' `'��ij'.-*,..;����rr' • c. '.�61y�y • •''�1�.• POA 0014 (7/14) ^gr.nm.. 000 ...... Secretary CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC October 20, 2015 Superior Pavement Markings, Inc. Attn: Darren Veltz 5312 Cypress Street Cypress, CA 90630 Subject: Bike Lane Improvement Projects - C-5653 Dear Superior Pavement Markings, Inc.: On August 11, 2015, 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 August 14, 2015, Reference No. 2015000425332. The Surety for the bond is Merchants Bonding Company (Mutual) and the bond number is CAC712777. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC CityCity Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CAC712777 Premium listed on performance bond Executed in duplicate LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Superior Pavement Markings, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of the contract, consisting of modification of striping and signage for the installation of bike lanes on Jamboree Road (from Coast Highway to Bayview Way), San Joaquin Hills Road (from Jamboree Road to Spyglass Hill Road), and Spyglass Hill Road (from San Joaquin Hills Road to San Miguel Drive), in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, Merchants Bonding Company (Mutual) duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Seventeen Thousand Six Hundred Thirty Two Dollars and 001100 ($117,632.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Superior Pavement Markings, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 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 23rd day of March '2016 . Superior Pavement Markings, Inc. Vame of Contractor (Principal) Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive, Des Moines, Iowa 50321 Address of Surety (515)243-8171 Telephone APPROVED AS TO FORM: CITY ATT R EY'S OFFICE Date: By: 5 N �-- Aaron C. Harp fAma3lielif City Attorney Authorized Signature/Title 4��Lmcie / Authorized Agent Sr ture Stephanie Hoang, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Superior Pavement Markings, Inc. Page A-2 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 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 day of , 20_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATT,?R EY'S OFFICE Date: By: Aaron C. Harp Amoalurhr City Attorney Autho nelM ig n atiu-ref Fitle Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Superior Pavement Markings, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Superior Pavement Markings, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code 1189 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed b document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA l COUNTY OF ORANGE JT On March 30. 2015 before me, Sandy Dorswitt, personally appeared Darren Veltz OPTIONAL Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: March 23 2015 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Signer's Name Individual Corporate Officer - Title(s) Partner - Limned/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: Owner/Secretary Right Thumbprint cL ❑ Individual ❑ Corporate Officer - Titles) ❑ Partner - Limited/General Attorney In Fad Trustee Guardian or Conservator E] Other Superior Pavement Markings, Inc. 2 Right Thumbprint who proved to me on the basis of satisfactory evidence to be the persons) whose names) islare subscribed to the within instrument and acknowledged to me that helshelihey executed the same in hisrhpr4he' authorized capacity{ies), and that by hissher4hei.r signature W on the instrument the SANDY DO - - - person(s), or the entity upon behalf of which the person(e) Commission 19026092 acted, executed the instrument. Mary Public • CelNornis I certify under PENALTY OF PERJURY under the laws of Los Anpele$ Countythe 21, 2017 J State of California that the foregoing paragraph is true Comm. Expires Jun and correct. WITNESS my hand and official seal Signature,,_,d���_ Notary Seal andy or Nota ublic OPTIONAL Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: March 23 2015 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Signer's Name Individual Corporate Officer - Title(s) Partner - Limned/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: Owner/Secretary Right Thumbprint cL ❑ Individual ❑ Corporate Officer - Titles) ❑ Partner - Limited/General Attorney In Fad Trustee Guardian or Conservator E] Other Superior Pavement Markings, Inc. 2 Right Thumbprint CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. Stats of California County of Orange ) On 3[2,3115 before me, V. Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) 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. V. COPELANO Commission � 2046542 = Is Notary Public • California Orange County Aft Comm. Expires Place Notary Seal Above 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 se Signature: /Signature of Notary Public -- --- OPTIONAL _ ---- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document - Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 MERCHANTS � BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Eric Lowey; Mark Richardson; Shawn Blume; Stephanie Hoang; Teresa I Jackson of Costa Mesa and State of California their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rdday of September. 2014. ••M1. ....... ••,IrIIN,%.IM1 -0 'y•l. 0 1�1 0• •z.2 3, e.�, �• 1933 ' :•Y. _ • s ; C' Secretary 1933 ' STATE OF IOWA fi """M1r,,,,IM^"•��, ,••ir ,• COUNTY OF POLK as. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By C%'L / �/ President On this23rdday of September, 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. .�PRtA�S WENDY WOODY Commission Number pines ?,, My Commission Expires rowP June 20 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd dayof March 2015 - ••,IrIIN,%.IM1 o 'ttPo M1..4 e.�, �• c:: : x c _ • s ; C' Secretary 1933 ' •.�d,;.. POA 0014 (7/14) '.fir' ����ri `,ac. ,o FC F AFD RECORDING REQUESTr Y AND WHEN RECORDED RE�`U� , TO' Al 9: 30 City Clerk C'`T€ r ni n) P�v City of Newport Beach, 100 Civic Center Drive Newport Beach, CA 92660 Recorded ill official Records, orange County Hugh Nguyen, Clerk -Recorder !ill! NO �� III!Illi!!Illllli!I!711!171111IIIh!I!i !il l!!1! H U U U 201500042533211:22 am 00114115 90 413 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION T NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Superior Pavement Markings, Inc. of�� Cypress, CA, as Contractor, entered into a Contract on March 11, 2015. Said Contract set forth certain improvements, as follows.- Bike ollows: Bike Lane Improvement Projects - C-5653 Work on said Contract was completed, and was found to be acceptable on August 11, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Merchants Bonding Company (Mutual). BY k Public W rks 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 BY 46k� City Clerk I� / Ute , at Newport Beach, California. CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC August 12, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Bike Lane Improvement Projects - Contract No. 5653 • 2014-2015 Sidewalk, Curb & Gutter Replacement - Contract No. 5884 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincere) , Leilani I. Brown, MM City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Superior Pavement Markings, Inc. of Cypress, CA, as Contractor, entered into a Contract on March 11, 2015. Said Contract set forth certain improvements, as follows: Bike Lane Improvement Projects - C-5653 Work on said Contract was completed, and was found to be acceptable on August 11, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Merchants Bonding Company (Mutual). BY 4&444 Public W rks 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 ft V l"1 {101 «, at Newport Beach, California. CTY OF F NEWPORT BEACH City Council Staff Report August 11, 2015 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Brad Sommers, Senior Civil Engineer PHONE: 949-644-3326, bsommers@newportbeachca.gov TITLE: Bike Lane Improvement Project— Notice of Completion and Acceptance of Contract No. 5653 (CAP14-0035) ABSTRACT: On March 10, 2015, City Council awarded Contract No. 5653 for the construction of the Bike Lane Improvement Project to Superior Pavement Markings, Inc. for the amount of $117,632.00 plus a contingency allowance of approximately 10 percent. The required work is now complete and staff requests City Council acceptance and close out of the construction contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after City Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Grant Contributions 7251-C3002028 $103,289.01 General Fund 7013-C3002028 $ 16.814.00 Total Construction Cost: $120,103.01 DISCUSSION: Construction of the Bike Lane Improvement Project included installation of on -street bicycle lanes on Jamboree Road, San Joaquin Hills Road and Spyglass Hill Road. M Overall Contract Cost/Time Summary The contract is now complete to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 117,632.00 Actual $ 116,237.00 Total change orders: Awarded Contract Final Cost at Contingency $ 120,103.01 % Due to % Due to Amount Completion Allowance Contract Directed Unforeseen Change Change Change $117,632.00 $120,103.01 10% +2.1% 2.1% 0% Actual Time Allowed Contract Time (days) 20 +3 Under(-) or Over (+) The contract is now complete to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 117,632.00 Actual cost of bid items constructed: $ 116,237.00 Total change orders: $ 3,866.01 Final contract cost: $ 120,103.01 The final overall construction cost was approximately 2.1% over the contract amount. The increase in project expenditures was a result of one contract change order, which installed and modified signs and striping within the project area. The original contract allowed for 20 consecutive working days to complete the original scope of work. The project was substantially completed on June 1, 2015. A summary of the project schedule is as follows: Estimated Completion Date per March 2015 Schedule: July 3, 2015 Project Awarded for Construction: March 10, 2015 Completion Date per Contract and Approved Extensions: June 1, 2015 Actual Substantial Construction Completion Date: June 4, 2015 Completion of this project is consistent with the 2014 Bicycle Master Plan implementation plan. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (for repair, maintenance and minor alteration of existing public facilities) 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. Through the required Caltrans NEPA Determination (November 13, 2013), the State of California determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b). As such, the project is categorically excluded from the requirements to prepare an environmental assessment or environmental impact statement under the National Environmental Policy Act. The State has determined that the project is a Categorical Exclusion under: 23 CFR 771.117(c)(3). A copy of the State's determination is available for review in the Public Works Department. NOTICING: This 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). 6-2 ATTACHMENTS: Description Attachment A - Location Man ATTACHMENT A e NOT TO SCALE �O -- i r a Q � X92 Q vO � r - r -J C/) v CIO r-rr- Newport Beach CITY OF NEWPORT BEACH Bike Lane PUBLIC WORKS DEPARTMENT Improvement Project C-5653 1 08/11/2015 6-4 C J� owl (I ITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 a.m. on the 11th day of February, 2015 at which time such bids shall be publicly opened and read for NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT Federal Project No. CML -5151 (029) Contract No. 5653 $237,000.00 Engineer's Estimate Q �EVVPpRr v r A II,1;:0VX 01 approved by David A. Webb` Public Works Director The City of Newport Beach UDBE Goal 3% 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/or "C-32" (Revised per Addendum No. 1 02/02/2015) For further information, call Brad Sommers, Project Manager at (949) 644-3326 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.go 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 TABLE OF CONTENTS NOTICEINVITING BIDS................................................................................................. COVER. INSTRUCTIONS TO BIDDERS.................................................................................................3 BIDDER'S BOND........................................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...............................................................................8 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ................9 INFORMATON REQUIRED OF BIDDER..................................................................................12 ACKNOWLEDGEMENT OF ADDENDA...................................................................................15 TECHNICAL ABILITY AND EXPERIENCE REFERENCES......................................................16 NON -COLLUSION AFFIDAVIT.................................................................................................20 DESIGNATION OF SURETIES.................................................................................................21 STATE AND FEDERAL CERTIFICATIONS/DISCLOSURES....................................................22 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION.....................................................23 PUBLICCONTRACT CODE.....................................................................................................24 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT..........................................24 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE.....................................24 PUBLIC CONTRACT CODE SECTION10232 STATEMENT..............................................25 NONCOLLUSION AFFIDAVIT (TITLE 23 US CODE SECTION 112 AND PUBLIC CONTRACT CODE SECTION 7106...................................................................26 DEBARMENT AND SUSPENSION CERTIFICATION...............................................................27 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS., .................................. 28 DISCLOSURE OF LOBBYING ACTIVITIES (SF-LLL)..............................................................29 INSTRUCTIONS FOR COMPLETION OF SF-LLL..............................................................30 EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT...............................................32 INSTRUCTIONS - LOCAL AGENCY BIDDER DBE COMMITTMENT................................33 DBE INFORMATION - GOOD FAITH EFFORTS.....................................................................34 EXHIBIT 12-B BIDDERS LIST OF SUBCONTRACTORS (DBE AND NON -DBE)... ................. 37 EXHIBIT12-B PART 1.........................................................................................................38 EXHIBIT12-B PART II........................................................................................................39 FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONSTRUCTION CONTRACTS............................................................................. FHWA-1 CONTRACT....................................................................................................................... CON -1 FAITHFUL PERFORMANCE BOND................................................................................. A-1 LABOR AND MATERIALS PAYMENT BOND................................................................... B-1 INSURANCE REQUIREMENTS...................................................................................... 0-1 PROPOSAL.......................................................................................................................... PR -1 DAVIS BACON FEDERAL WAGE DETERMINATIONS........................................................DB-1 SPECIALPROVISIONS ................................................... .................................................... SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO, 5653 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ACKNOWLEDGEMENT OF 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, As this is a federal -aid construction contract, in addition to the certification of FHWA form 1273 (Required Contract Provisions for Federal -Aid Construction Contracts) and the Federal Wage Determinations incorporated herein, the following State and Federal Certifications/Disclosures must be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. REQUIRED STATE AND FEDERAL CERTIFICATIONS/DISCLOSURES: Equal Employment Opportunity Certification Public Contract Code Questionnaire Noncollusion Affidavit (Title 23 united States Code Section 193 and Public Contract Code Section 7106) Debarment and Suspension Certification Nonlobbying Certification for Federal -Aid Contracts Disclosure of Lobbying Activities (Standard Form LLL Rev. 09-92-97) Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) Exhibit 15-H DBE Information — Good Faith Efforts Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE) Part 1 and Part 11 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 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. 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 of seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code -- including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7989 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: htt�//www.gpgAov/davisbaconica.html 9. The Contractor shall be responsible for insuring compliance with provisions of Section 9777.5 of the Labor Code Apprenticeship requirements and Section 4900 of 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. 776306 C31 And C32 Contractor's License No. & Cla n Darren Veltz Secretary Bidder Superior Pavment Markings Inc 4 CVY OF NEWPORT BEACH PUSUC WORKS DEPARTMENT BIRD '$ BOND We, Via ulnden�iqned prin,,,ipal w1d, 0or awidl *S,69m., execlAnn",-", heirs :71fil a wlm:nitstrators,tr.i be joinfly and soivereliv hold e -no firrm`y >)ounid tce the Oily of Newport a cit}, i..q (10%) Ten per6ent of bid amount' ........................... fe te tho ("t- 10% of bid to be pa�d fur ji d tc of N?: vvpofl Be; oh if i,3t,.psr-,�Ipoi ml of thro -,brthe wnstf`Uction of NS RT Bc-,AaH BIKE LANE IMPROVEMENT PROJECT, Contract No. 5663 in Ifie Gjly "A Beach,, IF, ---icoripted by the C,4y CoUnli. -J ii!-- CY of k3each a., d zhe --roprjNsea conlract i:: awarded to the Principoi, and ghe tu 4kne contracft in -t-he incIudi.,19 tho requimd aid orioin�:: ir:skjralloe endor,,-.,enment� for the rlor,--,truction of the 4vzhin 1-13i!'1v 'kho kl.Mo of 11 -Ii., fria6aq of:"Notifica' ion of Avm-04%. A.her'vvI�"Q ;Ns bo-lorne nul!: artd if the undersigned Principai j�; 's it ed that the, dea;h of arw :5v;h princip-a" I -IM "U'le S -or from 't 6th Superior Pavement Markings, Inc. ---6 i. ...................... Merchants Bonding Company (Mutual) ..................................... Name C71 liYel?r 2100 Fleur Drive, Des Moines, Iowa 50321 Ad d r e ss o i , Surety (515)243-8171 . I'eieir�hoiwz Y ..f February 20:s. ........... . . ................. Sig -,itumffitlo ............. - ... .... ......... ......... Aut, I nn'z'- d A wl- Sig .-Aare Stephanie Hoang, Attorney -in -Fact -.1--.--1-.----- . .............. ............ ................... Ph-nt Nam, t, aw,i Ti'lo, (Novary acknow Jiro dg ment of Priacipal & Surety I"Ilst ble attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On (O I before me, Barbara Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s-) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/th6r 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(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the BARBARA COPELAND laws of the State of California that the foregoing Commission # 2016346 Z paragraph is true and correct. Notary Public - California z Z''i.D Orange County WITNESS my and and official seal. My Comm. Expires Apr 19, 2017 a Signature: Signature otary Public Place Notary Seal Above ----------------------------------------------------- OPTIONAL --------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Eric Lowey; Mark Richardson; Shawn Blume; Stephanie Hoang; Teresa I Jackson of Costa Mesa and State of California their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings. recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011 "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rdday of September, 2014 . STATE OF IOWA COUNTY OF POLK ss. Wig; •God �'�a;., p'= W,�t�,`` MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7 77� President On this23rdday of September 2014. before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies: and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. �PRt?�s WENDY WOODY 8 v Commission Number 784654 Z °,.!�°� : My Commission Expires 1pWP June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 6th day of February 2015 > ik P 0,�y •• 'k'• a' C • Secretary 1933 POA 0014 (7/14) ':.� �y�� .... ;rI •ki....• \��•. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code 1189 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On February 10, 2015 before me, Sandy Dorswitt, personally appeared Darren Veltz who proved to me on the basis of satisfactory evidence to be the personW whose nameW is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisl"e; authorized capacity-ies), and that by his/her/the' signature W on the instrument the 06W personal, or the entity upon behalf of which the persons) Commission #F 2026092 acted, executed the instrument. Notary Public • Cal#ornis I certify under PENALTY OF PERJURY under the laws of Los Angeles County the State of California that the foregoing paragraph is true Mv Comm. Ex Tres Jun 21, 2017 and correct. WITNESS my h and official seal Signatu Sandy D�,tttary P lic Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: February 6, 2015 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Signer's Name Individual FX Corporate Officer — Title(s) ❑ Partner — Limited/General ❑ Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: Owner/Secretary Right Thumbprint of Signer Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Superior Pavement Markings, Inc. 1 Right Thumbprint of Signer ACKNOWLEDGMENT ............................................................... A . . . . . . r... r r. rt State of California County of personally Ss. before me, appeared Notary 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ■nnnrrrnrrrrrnnrrrnrnrrrrrrnrrrrrrrrrrarrrarrrrrrnnn.. n....rrrrrrrrrrrr rrrrrrr� OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Inform 6 Thumbprint of Signer check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT .. r ■ ■ ■ ■ • ■ ■ ■ . ■ r ... r r ■ ... r .. r .. r ....... r r . ■ ...... ■ . • • ■ ■ ..... r r . ■ ■ ■ M ■ ■ ■ ■ r ■ ■ ■ 1 ■ ■ ■ t i State of California County of On _ Public, personally SS. before me, appeared Notary 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ■■■■■rrr■r a r■r■rrrr■■■■■rrr■r■r■rr■rr■■r■■r■r■r■■Marr■■■■■r■■■■rrrrr■rr■r■Mr*� OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer F] Check here It no thumbprint or fingerprint Is available. 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 -j - Description of Work Number %ot Total Bid Name: California Professional Eng 6 Traffic Signal Detectors 3% Address: i 929 Otterbein Ave, Suite #E La Puente, Ca 91748 Phone: (626)810-1338 State License Number: 793907 / A, C10,20 Name: — — --- _— - - - Address: I i Phone: i State License Number: Name: -----____--_— . Address: Phone: State License Number: Superior Pavement Markings, Inc ' —Secret a Bidder Authorized 5ignature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO, 5653 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Superior Pavement Markings, 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. Current Record Record Record Record Record Yearof for for for for for Record 2014 2013 2012 2011 2010 Total 2015 No. of contracts 32 376 428— 365 267 167 1,635 Total dollar Amount of Contracts (in Thousands of $ 474,955.00 5,783,025.00 6,183,501.00 4,700,436.00 2,362,740.00 23,130,969.00 - 3,626312.00 No. of fatalities 0 10 0 0 0 No. of lost Workday Cases 0 0 1 0 0 90 8 98 No. of lost — workday cases involving permanent transfer to 0 0 0 0 0 another job or p 0 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. Legal Business Name of Bidder: Superior Pavement Markings, Inc Business Address: 5312 Cypress St, Cypress Ca 90630 Business Tel. No.: (714) 995-9100 State Contractor's License No, and --- Classification: 776306 C31 And C32 Title Parking Lot And Highway Improvement /Traffic Control The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 2/10/15__ President I 0/15 Secretary— 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 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA COUNTY OF ORANGE On February 10, 2015 before me, Sandy Dorswitt, Notary Public, personally appeared John Lucas and Darren Veltz 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/heK/their signature (s) on the instrument the person(s), or the entity upon behalf of SANDY DORSWITT which the person(s) acted, executed the instrument. Commission # 3026092 =a Notary Public • California i1 certify under PENALTY OF PERJURY under the laws of Los Angeles County D the State of California that the foregoing paragraph is true My Comm. Expires Jun 21, 2017 and correct. WITNESS my hand and official seal Signat e Sandy D rs ittotary P blic Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Business Name Bid Page Document Date: February 10, 2014 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s): Signer's Name John Lucas Signer's Name Darren Veltz ❑ Individual ❑ Individual FX Corporate Officer — Title(s) Owner/President OX Corporate Officer — Title(s) Secretary ❑ Partner — Limited/General ❑ Partner — Limited/General Attorney In Fact Right Thumbprint Attorney In Fact Right Thumbprint of Signer of Signer Trustee Trustee F Guardian or Conservator Other Signer is Representing: Guardian or Conservator Other Superior Pavement Markings, Inc. ACKNOWLEDGMENT a a r r a a a a a a a r a r a a r a a a a a L a a a a a a. a a a N a a. a■■ ... ■■..■ a a ........................... . State of California County of On before me, Public, personally appeared _ Notary 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO, 5653 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: Superior Pavement Markings, Inc Business Address: 5312 Cypress Street, Cypress Ca 90630 Telephone and Fax Number: (714) 995-9100 Fax: (714) 995-9400 California State Contractor's License No. and Class: 776306 C31 And C32 (REQUIRED AT TIME OF AWARD) Original Date Issued: 3/17/2000 Expiration Date: 8/31/15 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: Darren Veltz , Secretary 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 John Lucas President 3070 Crest View Drive, Norco Ca 92860 (714) 995-9100 Darren Veltz Secretary 13108 Berts Way, Eastvale Ca 92880 (714) 995-9100 Corporation organized under the laws of the State of California 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT N0. 5653 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business narnes used by any principal having interest in this proposal are as follows: None 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; None Briefly summarize the parties' claims and defenses; None Have you ever had a contract terminated by the owner/agency? if so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO, 5653 Are any claims or actions unresolved or outstanding? Yes / No 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. Superior Pavement Markings, Inc Bidder John Lucas (Print name of awner or P silent Co a 7 Zit719ne Authorized Signature/Title Secretary Title 2/6/15 Date PLEASE Se& A-MACOED Jui2.A'T,*- Subscribed and sworn to (or affirmed) before me on this day of by personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] 14 Notary Public My Commission Expires: 2014 CALIFORNIA JURAT WITH AFFIANT STATEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to (or affirmed) before me on this 10th day of February, 2015, by Darren Veltz, proved to me on the basis of satisfactory evidence to be the person who appeared before me. SANDY DDO S~WITTT #t Commission 2026092 Notary Public - California i Los Angeles County D NIComm. Expires Jun 21, 2017 Notary Seal Description of Attached Document WITNESS my hand and official seal Signatur Andy Dor itt, tary P# is OPTIONAL Title or Type of Document: Information Required of Bidder Document Date: February 10, 2015 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Signer's Name 0 Individual ❑ Individual FX Corporate Officer - Title(s) Secretary ❑ Corporate Officer - Title(s) Partner - Limited/General ❑ Partner - Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing Right Thumbprint of Signer ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Superior Pavement Markings, Inc. Right Thumbprint of Signer CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5853 ACKNOWLEDGEMENT OF ADDENDA Bidders name Superior Pavement Markings, Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received i ature 1 2/2/15 1 .� 15 Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT DATE:"`"i� CONTRACT NO. 5653 BY: r 4 Public Works Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. Changes affected by this Addendum: A. CHANGE IN CONTRACTOR LICENSE REQUIREMENTS Section 7-15 (Contractor's License Requirements) shall be replaced in its entirety with the following: 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" and/or "C-32" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. The Cover Sheet and Sheet SP 17 OF 22 shall be replaced by the attached revised sheets. B. PREVAILING WAGE RATES The prevailing wage rates have been updated. By signing Addendum No. 1, the Bidder certified that he/she has reviewed and is aware of the updated wage rates and has included the cost of the current wage rates in the unit bid prices. Attached is copy of the most current wage rates (1/23/2015) which were downloaded and printed, replacing DB -1, pages 1-26. f:\users\pbw\shared\contracts\fy14-15 current projects\300 - traffic\c-5653 - newport beach bike lane project cap15- 0018\addendum 1 davis bacon c-32 addition.doc Page: 2 of 2 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Darren Veltz Bidder's Name (Please Print) 2/4/2015 I, Date iJ �= Secretary Authorized Signature & Title Attachments: Revised Cover Sheet Revised SP 97 OF 22 Updated Davis Bacon Wage Determinations f:\users\pbw\shared\contracts\fy14-15 current projects\300 - traffic\c-5653 - newport beach bike lane project cap15- 0018\addendum 1 davis bacon c-32 addition.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 8653 No. 2 Project Name/Number Bayside Drive And Area Streets - Newport Bech Project Description Thermoplastic Striping And Markings As A Sub For All American Asphalt Approximate Construction Dates: From 4/16/14 To: 5/24/14 Agency Name Newport Beach Contact Person Jerry LeBouef With All American Telephone (951) 736-7600 Original Contract Amount $43,857.40 Final Contract Amount $ 44,725.75 If final amount is different from original, please explain (change orders, extra work, etc.) Additional Striping Was Added At The City's Request Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Balboa Blvd Beautification - Newport Beach Project Description Striping, Signing, And Removals As A Sub For GMC Engineering Approximate Construction Dates: From 4/15/14 Agency Name Newport Beach Contact Person Gennady With GMC Eng To; 9/8/14 Telephone (71� Original Contract Amount $ 17,650.00 Final Contract Amount $ 18,898.00 247-1040 If final amount is different from original, please explain (change orders, extra work, etc.) Modified The Sign Posts Per The City"s Request Did you file any claims against the Agency? Did the Agency file any clairns against you/Contractor'? if yes, briefly explain and indicate outcome of claims, No No. 4 Project Name/Number _Santa Ana Pavement Rehab - Newport Beach 17 Project Description CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 Thermoplasti c Stripintz And Markings As A Sub For All American Asvhalt Approximate Construction Dates: From 4/28/14 To: 5/5/14 Agency Name Newport Beach Contact Person Jerry LeBouef With All American Telephone (951) _ 736-7600 Original Contract Amount $12,818.00 Final Contract Amount $ 12,818.00 If final amount is different from original, please explain (change orders, extra work, etc.) NA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Jamboree Road Widening - Newport Beach Project Description Thermoplastic Striping As A Subcontractor For GMC Engineering Approximate Construction Dates: From 10/1/12 TO: 3/19/13 Agency Name Newport Beach Contact Person Gennady With GMC Eng Telephone ( 714 Original Contract Amount $ 49,734.00 Final Contract Amount $_ 61,100.00 247-1040 If final amount is different from original, please explain (change orders, extra work, etc.) Additonal Temp Striping Added By GMC Engineering Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 No. 6 Project Name/Number Bay Ave West Pavement Rehab -Newport Beach Project Description Traffic Striping And Markings As A Sub For GMC Engineering Approximate Construction Dates: From 12/16/13 To: 12/17/13 Agency Name City Of Newport Beach Contact Person Gennady Of GMC Eng Telephone (714) 247-1040 Original Contract Amount $ 11,119.00 Final Contract Amount $ 11,119,oc If final amount is different from original, please explain (change orders, extra work, etc.) NA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 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 sufficiently comprehensive to permit an appraisal of the Contractor' conditions. Superior Pavement Markings, Inc Bidder 19 Authorized Signature/Title information nt financial CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ()2AU4li ) Darren Veltz be' first,duly worn dep s a d.sa s that he or she is ecre ary of 'u�penor pavehnen� aming's, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws o estate of Californiaat t foregoing is true and correct, Darren Veltz I �_ — secretary Bidder Authorized Signature/Title PLEASE Sim A7-nA c H e tb JU2A r ; Subscribed and sworn to (or affirmed) before me on this day of , 2015 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 20 Notary Public My Commission Expires: CALIFORNIA JURAT WITH AFFIANT STATEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to (or affirmed) before me on this 10th day of February, 2015, by Darren Veltz, proved to me on the basis of satisfactory evidence to be the person who appeared before me. Y ANDA Y D pSWITT Commission # 2026092 Notary Public - California i Los Angeles County D M Comm. Expire: Jun 21, 2017 Notary Seal Description of Attached Document Title or Type of Document: Document Date February 10, 2015 Signer(s) Other Than Named Above: WITNESS my hand and official seal Signa re Sandy Do sw , otary P iE OPTIONAL Non -Collusion Affidavit Number of Pages: Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Signer's Name Individual FX Corporate Officer — Title(s) ❑ Partner — Limited/General Attorney In Fact Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: Secreta Right Thumbprint of Signer Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee ❑ Guardian or Conservator ❑ Other Superior Pavement Markings, Inc. 1 Right Thumbprint of Signer CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 DESIGNATION OF SURETIES Bidders name Superior Pavement Markings, 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): DFI Insurance 2027 Hamner Avenue Norco, CA (951) 735-5335 All Insurance Pinnacle Surety 151 Kalmus Drive Costa Mesa, CA 92626 All Bonds 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 22 CITE' OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. _5853 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION .I he bidderS-Q'e � Ya`l�'e�" �.�,4%% Proposed subcontrrtctor(s) \G��O hereby certifies th 3i he has ,has i,�t parti^'pated in a E>revi ;us , ontract or subcontract subject to the uqual opportunity clauses, as required by i xecutivc: Order;, V;92.5. 11114, or 11216, =;nd that, where required, he has flied with the Joint Reportinc Committee, the Director of the Office or Federni Contract Compliance, a FederG; Government contracting or admin storing agency, ur the former Preside=nt's Commute( cin Equal Employm(-:,)t Opportunity, all reports due under the app!icable filling requirements. Note: The above certification is requirod by the Equa 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 rnd subcontracts which nre subject to the equal opportunity cla-ise. Contracts and subcontracts Adiich a -cc exempt from the equal opportunity clause are set 4orth in 41 GFR 60-1,5. (Generally only contracts or subcontrarts of $10,000 or under are exempt.) Currently, St.nndard Form 14)" (EE-�0-1) k the only report requirod by thx_- Executive Ord(.,i b t r their implemr-:rating ruo, 'loons. Proposed prune (.ontrac'.ors and subcontractors who have participated in a previous contract or subcon,ract subject to the% Fxecutive Orders and havo not filed the; required reports should nota that 41 CFR 60-1.7(b) (1) prevents the award of contracts anu subcontrac=ts unless such contractor submits a report covering the delinquent period or such other period specified by the Fedorral Highway A.drninistrati;;n or by the Director, Office of Federal Contract Compliancc, U.S,-D(a.-3r1ment of Lai, )~, Tit. - By: By: Name: Title: 23 Date:.Z��o Date: - Datu-: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has X , 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 the cier to criminal prosecu 1 By: Bate: 2/6/15 Name: Darren Veltz Title: secretary Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code 1189 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On February 10, 2015 before me, Sandy Dorswitt, personally appeared Darren Veltz SANDY DORSWITT L(a Commission #2026092Notary Public - California Los Angeles County M Comm. Expires Jun 21, 2017 Notary Seal Description of Attached Document Title or Type of Document: Document Date: who proved to me on the basis of satisfactory evidence to be the person() whose nameW is/are subscribed to the within instrument and acknowledged to me that heishe/they executed the same in hisi",�ei; authorized capacity4ieo, and that by his/her/their signature (0 on the instrument the persons), or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature andy Dors itt, o ry P lic OPTIONAL Public Contract Code February 6, 2015 Number of Pages: Signer(s) Other Than Named Above None Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Signer's Name Individual 0 Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: Owner/Secretary Right Thumbprint of Signer Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Superior Pavement Markings, Inc. 1 Right Thumbprint of Signer CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 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 un -appealable 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. 1 By. tate: 2/6/15 Name' D n Veltz Title: Secretary 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code 1189 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On February 10, 2015 before me, Sandy Dorswitt, personally appeared Darren Veltz who proved to me on the basis of satisfactory evidence to be the person() whose nameW isiafe subscribed to the within instrument and acknowledged to me that heishe executed the same in hisihe,,,�./their authorized capacity -{yes), and that by his/her/the signature (-s) on the instrument the ANSP ASWITT persons}, or the entity upon behalf of which the persons} Commission # 2026092 acted, executed the instrument. ip,� Notary Public - California i Z Los Angeles County I certify under PENALTY OF PERJURY under the laws of My Comm. E Wee Jun 21, 2017 the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal Signatur a Sandy D rs itt, otary ubhc Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Public Contract Code 10232 Statement Document Date: February 6, 2015 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(lies) Claimed by Signer(s): Signer's Name Darren Veltz Signer's Name ❑ Individual D Individual [X Corporate Officer - Title(s) Owner/Secretary [-] Corporate Officer - Title(s) ❑ Partner - Limited/General F-] Partner - Limited/General Attorney In Fact Right Thumbprint Attorney In Fact Right Thumbprint of Signer of Signer Trustee F_ ❑ Trustee Guardian or Conservator E] Other Signer is Representing: Guardian or Conservator E] Other Superior Pavement Markings, Inc. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 Noncollusion affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of Newport Beach DEPARTMENT OF PUBLIC WORKS In conformance with Title 23 United States Code Section 112 and Public Works Code 7106 the bidder declares 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, conniver 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, 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. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 26 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 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. NA 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. NA Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certifi ation is part of the Proposal. Signing this Proposal on the signer i por ther f all also constitute signature of this Certification. By: 1 ��— Date: 2/6/15 Name: Darren Veltz Title: Secretary 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code 1189 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On February 10, 2015 before me, Sandy Dorswitt, personally appeared Darren Veltz who proved to me on the basis of satisfactory evidence to be the personal whose names) is/are subscribed to the within instrument and acknowledged to me that he/ch executed the same in his/her/the' authorized capacity+W, and that by his/he,,,�/+sir signature (-s) on the instrument the personal, or the entity upon behalf of which the person() SANDY DORS VITT acted, executed the instrument. Commission #E 2026092 1 certify under PENALTY OF PERJURY under the laws of ter' Notary Public - California Z • y z> the State of California that the foregoing paragraph is true Los Angeles County My Comm. Ex fres Jun 21, 2017 and correct. WITNESS my hand and official seal Signature andy Dor itt, o ry Pu c Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Debarment and Suspension Certification Document Date: February 6, 2015 Number of Pages: 1 Signer(s) Other Than Named Above None Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Signer's Name ❑ Individual ❑X Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing Owner/Secretary Right Thumbprint of Signer ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — Limited/General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Superior Pavement Markings, Inc. Right Thumbprint of Signer M11 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 priated 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 5100,000 and that all such subrecipients shall certify and disclose accordingly, W 1. Type of Federal Action: 2, Status of Federal Action: 3. RaportType: Ela. contract a. bid/offerlapplication F a a. initial lb, grant lb. initial award le. material change V- cooperative agreement c. post -award cl, loan For Material Change Only: e. loan guarantee year — quarter -- I. loan insurance date of last repot __ 4. Name and Address of Reporting Entity 5, If Reporting Entity In No. 4 Is Subawardee, ElEnter Name and Address of Prime: Prime Sobawardee if known Congressional District, if known 6. Federal Department/Agency: >Vl( 8. Federal Action Number, nknown: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (if Individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Shers(s) U necessary) It. Amount of Payment (check all that apply) 113. Type of Payment (check all that apply) $ actual L. j planned 9. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee It. in-kind; specify: nature a deferred value T other, specify___ 14. Brief Description of Services Performed or to be performed and Datei of Service, Including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) If necessary) 15. Continuation Sheets) attached: Yes No 16, interaction requestedthrough this form is allftrized by 0" Title 31 U.S.C. Section 1352. This disclosure of lobbying Signature: — reliance VVes Placed by the the above when his Veraracuoin — was made or entered Into. This disclosure Is required Darren Veltz pursuant to 31 U.S.C. 1352, This information sell be Print Name: raper' ad to Congress semiannually and will be available for public inspection. Any person who falls to Me the required Title: Secre—taa disclosure be subject to a c;vH penalty of not ass open -- - --L -- -- $10,000 and not more Inall $100,009 for each such Failure. Telephone No,: -(714)-,295-9100 Date: 2,/gjl,5_,_ Authorized for Local Relunxhvrkon Federal Use Only Standard Farm - LLL 29 X mom, RM11120=1 CQNTRACT NO. 5653 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES The disclosure than shall be completed by the reporting enfl;!y, Wisher subawardee or prime Federal recipient, at the Initiation or receipt of covered Federal action or a material change to PreVIOUS fifilft pursuant to title 31 U.S.C, section 1352. Tire filing of a form Is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence a;, officer or employee of any agency, a Member of Congress at, of icer of employee of Congress or an employee of a Nombe, of Congress in connection tafth a covered Federal action, Attach a conflirmamn sIicm 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'Alch lobbying activity is andior has been moored to tali ... se, the outcome of a covered Federal action. 2. identify the status of the covered Federal action. 3. Identify she appropriate classification of this report. If this :a a follow-up report mused 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 an* for this revered Federal action, 4. Enter the full name, address, city, state and zip code of the reporting enCly, Include Congressional District if known, Check the appropriate classification of the reporting county that designates It it is or expects as be a prime Or Suleavord refilpfiern- Identify the fiat of the subawamm, e,g., the first susawardee of the Prime is the first tier. Subavenols include but are not limited to subcontracts, subgrane; and contract awards under grants, S. It the organization filing the report in Item 4 checks 'Subassedef? then enter the full name, address, city, state and xp code of the prime Federal reelp;ent, 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 States Coast Guard. 7, Enter the Federal program name or description for the covered Federal action (item 1). If kitratn, onno the full Catalog of Federal Domestic Assistance CFDA) number for flams• moperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action Identification In Item I (e,ff, Request for Proposal (RFP) number, Invitation for Bid YIFBnumber, grant announcement number, the contract grant. or loan award number, the application/proposai comool number assigned by fire Federal agency), include prefixes, tug_ "RFP -DE -90-00V 9. For a covered Federal action where there ties been an amount or loan wanottmert by the Posters; agency, enter the Federal amount of the awarfWaan coninflandirs for the prime entity idefghied in Item 4 or 5. 10. (a) Enter the fust name, address, city, state and zip code of the lobbying entity engaged by the reporting entity feeniffied In item 4 to Influenced the severed Federal action (b) Enter the full names of the indW.,duats) performing services and Include full address If different from 10 (a). Enter Last Name, First Name and bidder Initial (Mi) 11. Enter the amount of compensation pant or reasonably expected to be paid by the reporting amity (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 anvourp of payment made or planned to be made, 12. Check the appropriate box(es). Check ail boxes that apply. If payment is made through an In -kith coundbultion, specify Ino nature and va:ua of the h-lored 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)ofany services rendered. outman all Pr9PnIcanmy and related 8cfJvI!Y not just time spent in actual contact with Federal officials. Identify the Federal oulmns) or emploteme(s) contacted or the officer(s) employees) a, Member(s) of Congress that were contacted. 15r, Check whether or not a confirmation socialist is attached, 16. The certifying official shall sign and date the food, print histher name file and telephone number. CONTRACT NO. 5653 Public reporting hunden for tirs selection Of information Is estimated to Average 30 minutes per response, including time for reviewing Instruction, searching axIsling data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding to burden estimate or any other aspect of this collection of Information, Including suggestions for reducing this burden, to the Off ce of Management and Budget, PapenearR Reduction Project. 31 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 5653 NOTE: PLEASE REFER TO INSTRUCTIONS ON THE FOLLOWING PKG—E .AGENCY: Newport Beach jamboree Rd, San Joaquin Hills, LOCATION: ECT DESCRIPTION: Install Thermoplastic Bike Lanes CONTRACT AMOUNT: $ kTE: 2/11/15 4;IiS NAME: Superior Pavement Markings, Inc RACT HOBE GOAL: 3% 7M Or WORK AND DESCRIPTION01313 CERT' NU. AND (NAME OF EACH DBE(NboltlI- R AMOUNT NO, ORSERVICESTOBF. EXPIRATION DATE idfi pered do Ere date Yids SUBCONTRACLED OR MATERIALS ed ilichme DBEvuldress Dn E TO BE PROVIDED (C it I' rd number,, the bidder is a DHF' Local Agency to Complete: Agency Contract Numbor, W -Aid Prefect Number: 0 share rid A"rd Hate: dot Agency certifies that all DBE comflutirim- have been vitrified and iamneaflim complete anti accueate. Dam i Agency Representative k Code) Telemone Number: 32 Tool Cuirried "BE Paricipatian -4560 00 3 % 91griature of 8 der 1--2) Onto 2/9/15 (Area Code) Tel. No. (714) 995-9100 eiA Agony Bidder Lee Commitment (Commoebn L0,1,eo FRe, 06/09) Hill Distribution: (1) COPY - Fax Or scan a copy to the Caltrans District, Local Assistance; Engineer (DLA5)wirPln 30 Clays of Contract execution. Failure to Send a Copy to the DLAF win 1130 days of Contract execution may result in de-obilgation of funds for this Project. (2) Copy - include In award package to Coltrane District Local Assistance (3) Original — Local agency files INSTRUCTIONS • LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) 15-G MINT grounds for finding the bid nonresponsive, The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract OBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or services to be Subcontracted or Materials to be provided by UDBEs. Prime Contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, If a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DEE prime's and subcontractors' certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First -Tier DBE Subcontractors and their respective fterms) 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 DBE participation 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 DEE, 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 DEE firms, Exhibit 15-G 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 Local Agency Contract Award, Federal -aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. IN WWWAM EXHIBIT 15-H DEE INFORMATION—GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project No, CML -5151 (029) 2/11/15 Bid Opening Date __ The (City/County of) _ Newport Beach — -established a Disadvantaged Business Enterprise (DBE) goal of _ 3 % 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 DBE Commitment' form indicates that the bidder has met the USE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE 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 DBE Commitment' of the Special Provisions! A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids to, this project and the dates and methods used for following up Initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Initial Follow Up DBEs Solicited Solicitation Methods and Dates California Professional Eng 212/15 Email And Phone Calls A Cone Zone —.--2/9715 Emai oneCas C. The items of work which the bidder made available to DBE 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 DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to USE firms. IM CONTRACT NO. 5653 Items of Work Bidder Normally Breakdown of Items Amount Percentage Performs Item M Of (YIN) Contract 9 Traffic bon—ps— yu 3% D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, 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 DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: A Cone Zone, Ince 100 N JMStreet, Corona, Ca 92879 (951) 734-9535 Superior CaOnly Use Union Contractors. They Are Not Union. Names, addresses and phone numbers of firms selected for the work above: California Professional Engineering 929 Otterbein Avenue, Rowland Heights, CA 91748 _ __(626) 810-1338 E. Efforts made to assist interested DBEs 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 DBEs: None F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: None 35 ININNIM Mom 13AMMUN UW9 "I "I I . G. The names of agencies, organizations or groups contacted to provide assistance in Contacting, recruiting and using DBE 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 Agency/Organization Contact H Any additional data to support a demonstration of good faith efforts (use additional Sheets if necessary): NOTE: USE ADDITIONAI SHEETS OF PAPER IF NECESSARY. 36 EXHIBIT 12— LDs R'S LIST OF SUBCONTRACTORS AND NON—DBE) PART I & PART II 37 m 9 CL a CD p th a N. o � 3 c '� rn o -0,'0 co 0 CD a a o ro mo o CD o Q0 C r O �ro CL (D o fn n (C 0 p' O O � 0 N in' c a Cr 3 o � a0 °: o o v � N• � 't3 �. S co N m x a" tV W CL CL m r N 0 C 0 II} 0 N Q Q m ca z 0 Q Q7 m i I m 3 N m N c ro a i U C) v o o k k ( k W lomn V n AA cn(hOn 3,333 »a UVt nn 169, AACI7 ' vnO �^ 1GtUtO A1 �A1 33' O O O r �O F= O 0 1I107' 4 O f i I i I i � " � .�� �,YCt'f l� i � •'� Ili m 9 CL a CD p th a N. o � 3 c '� rn o -0,'0 co 0 CD a a o ro mo o CD o Q0 C r O �ro CL (D o fn n (C 0 p' O O � 0 N in' c a Cr 3 o � a0 °: o o v � N• � 't3 �. S co N m x a" tV W CL CL m r N 0 C 0 II} 0 N Q Q m ca z 0 Q Q7 m LLJ m 0 O z m LU m Ln 0 O O U .9 U) JU) to O .O b m N .c x uj t m L1. D) F= U - M > �,,� ��''"�i_ _� _ \ V� W''} i a_ O# LE 1 I I i 0 O C O C t7 C O 0 o,0.0.0 6 O _OJA C O C D p p Q , N N „U„,, T �, o0 T LO [�' � U-) tom' r ,�d ... LO OLOit� T" T T � �0LOT T TaW �Ot��. C4 64V V V V A t -:. V V V V A :: V V V V )t4 V V V V A 1-1 El ❑ El 0❑❑ ❑ ❑DOM s° N u`0 c cL a a a a Um �- a i IN0 a CL N a N cn ni Lw co It Q U - M 1 0 $ C9NTRACT hs(), 5653 FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The Bidder hereby declares that FHWA-1273, Required Contract Provisions: Federal -Aid EwtHr The above certification is part a e_ Proposal. Signing this Proposal on the signature P07-,ff?ere,o, s /so :on itute signature of this Certification. By: , 77_;�_ Date, Name: Darren Veltz Title: _Secretar�L_ FHWA-1 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language FHWA-1273-- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination Ill. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions Vi. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Finds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) 1. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form In each subcontract and further require its Inclusion In all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design -build contracts, in ail subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically Incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract 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. 3. A breach of any of the stipulations contained In these Required Contract Provisions maybe sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension! debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federe aid highway unless It is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. DLA -OB 13-06 It. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1954, as amended, and related regulations Including 49 CFR Pans 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specificallons In 41 CFR 60-4.3, Note: The U.S. Department of Labor has exclusive authority to determine compliance Win Executive Order 11246 and the polities of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 2D0, 230, and 633. The following provision Is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of tabor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affnnative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 of 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 Win the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as Its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeshlp, and/or on. the -job training." 2. EEO Officer: The contractorwill designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so Page 8 of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language 3, Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be mel, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings Will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters selling 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 implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include In all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from 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 minorities and women. To meet this requirement, the contractorvnli identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions, Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage Its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. S. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not Indicate discriminatory treatment of project site personnel, DLA -OB 13-06 b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to detemilne whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall Include all affected persons. d. The contractor will promptly Investigate all complaints of alleged discdminadon made to the contractor in connection with its 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 their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or jab classification Involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). a The contractor Wil advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to Increase opportunities for minorities and women. 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 good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. o. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such Information to the contractor, the contractor shall so certify to the contracting agency Page 9 of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language 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 referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and woman. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. in the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants/Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers most provide reasonable accommodation In all employment activities unless to do so would cause an undue hardship. 9. 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 procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations, 19. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's US, DOT -approved DBE program are incorporated by reference. b. The contractor 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 261n 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 contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for Inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorikes and women; and DLA -®B 13-06 (3) The progress and efforts being made In locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency 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-I391. The staffing data should represent the project workforce on board in all or any parlor the last payroll period preceding the end of July. if on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. Ill. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that faciiities provided for employees are provided in such a manner that segregation on the basis of race, calor, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom, The contractor's obligation extends further to ensure that Its employees are not assigned to perform their services at any location, under the contractor's centro-, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5S `Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Page 10 of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rale and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (Including any additional classification and wage rates conformed under paragraph 1,b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shalt require that any class of laborers or mechanics, Including helpers, which is not listed in the wage determination and which is to be employed order the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested Is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate); a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will natty the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all Interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour 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. DLA -OB 13-06 (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.6.(2) or 1.1b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work Is performed In the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rate, the contractor shall either pay the benefit as staled in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof, d. if the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in p, oviding 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 beer, 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. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(6)(2)(8) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5,5(a)(1)(iv) that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits Is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred In providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and cerlifcation of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable programs. Page 11 of 22 August 12, 2013 Local Assistance Procedures Mmrual b. (1) The contractor shall submit weekly for each week In which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be Included on weekly transmittals. Instead the payrolls shall only need to include an Individually Identifying number for each employee ( e,g, , the last four digits of the employee's social security number). The required weekly payroll information may be submitted In any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whci/forms/wh347instr.htm or its successor site. The prime contractor Is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upor, request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements, It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(I) of Regulations, 29 CFR part 5, and that such information Is correct and complete; (ii) That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 OFR part 3; (iii) That each taborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a property 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 3.b,(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3e. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. if the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the DLA -011 13-06 Exhibit 12-C Required Federal -aid Contract Language contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not Individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is net registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed, in addition, any apprentice performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wagerate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that In which its program Is registered, the ratios and wage rates (expressed In percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be Observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification, if the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shalt be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a Stale Appremicesbip Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. Page 12 of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benrats In accordance with the provisions of the trainee program. if the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. in addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the US. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 o this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, Which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to Include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5,5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. DLA -OB 13-06 9. Disputes concerning Iaborstandards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7, Disputes within the meaning of this clause include disputes between the contractor (or any of Its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering Into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's fine is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b, No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by vi, true of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001, V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract In an amount In excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5,5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractoror subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked In excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1,) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanlc, including watchmen and guards, employed in violation of the clause set forth In paragraph (1.) of thls section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth In paragraph (t) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contracts, or subcontractor under any such contract or any other Federal contract with the same Page 13 of 22 August 12, 2013 Local Assistance Procedures Manual prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.). through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 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 contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included In this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude Individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. 'Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abfiNes, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI 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 furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract DLA -OB 13-06 Exhibit 12-G Required Federal -aid Contract Language requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines Is necessary to assure the performance of the contract 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, 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 contracting agency has assured that each subcontract is evidenced in writing and that it contains ail pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. Vil. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 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 contracting officer may 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 work in surroundings or under conditions which are unsanitary, 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. 3704). 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 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 Hours and Safety Standards Act (40 U.S.C.3704). VIII, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable constructor, 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 projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHVVA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places Page 14 of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim Win respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, In connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision Is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bidlprgposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act, 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that Is estimated to cost $25,000 or more - as defined In 2 CFR Parts 180 and 1200. 1. Instructions for Certification - First Tier Participants: a, By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. DLA -OB 13-06 b. The Inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction- The prospective first tier participant shall submit an explanation of why It cannot provide the certification at out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a materia' representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If It is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 1 So and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant` refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). I. The prospective first 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 department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion -lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 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 knows that the certification Is erroneous. A participant is responsible for ensuring that Its principals are not suspended, debarred, or otherwise Ineligible to participate In covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website lit-li ,lwww cols ecvl), which is compiled by the General Services Administration. I, Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and Page 15 of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language information of the prospective 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 transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that It and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 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; (3) 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 enumerated In paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default Is. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered Into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transactlon originated may pursue available remedies, Including suspension, and/or debarment, c, the prospective tower 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 learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended;' "Ineligible,""'participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 DLA -013 13-06 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations, "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered Into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers), e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingiy 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 with which this transaction originated. I. The prospective lower tier participant further agrees by submitting this proposal that It will include this clause titled "Certification Regarding Debarment, 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 exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless It knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of Its principals, as well as the eligibility of any lower far prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https:!lwww encs eovf), which is compiled by the General Services Administration. K 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 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. 1. Except for transactions authorized under paragraph e 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 transaction, In addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. -Lower Tier Participants: 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 participating in covered transactions by any Federal department or agency, Page 16 of 22 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal -aid Contract Language 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. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. Tie prospective participant certifies, by signing and submit&ng this bid or proposal, to the best of his or her knowledge and belief, that: a. 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. b. 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 Form to Report Lobbying,' in accordance with its instructions. 2. 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 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting Its bid or proposal that the participant shall require that the language of this certification be included In all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. DLA -OB 13-06 Page 17 of 22 August 12, 2013 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 (Per Addendum No. 10210212015) 1 �' ii , ♦ ' 1 i 1, � � General Decision Number: CA150035 01/23/2015 CA35 Modification Number Publication Date 0 01/02/2015 1 01/16/2015 2 01/23/2015 The Bidder hereby declares that the Davis Bacon (DB) Wage Determinations have been received and reviewed as part of this NOTICE INVITING BIDS. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certiti tion is part of the Proposal. Signing this Proposal on the sign thereof all also constitute signature of this Certification. By: Date: 2/412015 Name: Darren Veltz Title: Secretary : IF, ! V' ! r received, r BIDS, Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certifica ' is part of the Proposal. Signing this Proposal on the signa ro eo h also constitute signature of this Certification. By. Date:_ _ ZE/ j Name: t Title: " General Decision Number: CA150035 01/23/2015 CA35 Superseded General Decision Number: CA20140035 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 Note: Executive Order (EO) 13656 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 01/16/2015 2 01/23/2015 ASBE0005-002 06/30/2014 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 35.44 19.36 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 24.34 16.09 ASBE0005-004 06/24/2013 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, Page 1 of 26 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 2 of 26 stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 16.95 10.23 * BRCA0004-010 05/01/2014 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 36.35 13.22 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2014 Rates Fringes MARBLE FINISHER ..................$ 28.45 11.38 TILE FINISHER ....................$ 23.78 9.84 TILE LAYER .......................$ 35.14 14.33 --------------------------------------------------------- BRCA0018-010 09/01/2013 Rates Fringes TERRAZZO FINISHER ................$ 26.59 10.34 TERRAZZO WORKER/SETTER ........... $ 33.63 11.13 --------------------------------------------------------- CARP0409-001 07/01/2010 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 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) Piledrivermen/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 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. --------------------------------------------- CARP0409-005 07/01/2010 Rates Drywall DRYWALL INSTALLER/LATHER .... $ 37.35 STOCKER/SCRAPPER ............ $ 10.00 ---------------------------------------------- CARP0409-008 08/01/2010 Rates --------------- Fringes 11.08 6.67 --------------- Fringes Modular Furniture Installer ...... $ 17.00 7.41 --------------------------------------------------------- ELEC0011-002 05/26/2014 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 28.30 12.43 Technician ..................$ 30.10 12.48 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 09/01/2014 Rates Fringes Page 3 of 26 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 4 of 26 CABLE SPLICER ....................$ 43.56 15.76 ELECTRICIAN ......................$ 41.64 15.70 * ELEC0441-003 05/26/2014 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 29.09 11.60 Technician ..................$ 30.89 11.66 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, intercom and 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 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 5 of 26 raceways performed at the current electrician wage rate and fringe benefits. Fire Alarms -Open Wire Systems: installed by the Technician. ------------------------ ELEC0441-004 02/24/2014 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer/Fiber Optic Splicer .....................$ 41.74 15.20 Electrician .................$ 41.14 15.18 Technician ..................$ 30.86 14.88 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 06/01/2013 Rates Fringes http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 6 of 26 LINE CONSTRUCTION Power Equipment (1) Lineman; Cable splicer..$ 50.30 15.00 (2) Equipment specialist (operates crawler 1 ....................$ tractors, commercial motor 22.25 GROUP vehicles, backhoes, ....................$ 39.83 trenchers, cranes (50 tons GROUP 3 and below), overhead 5 40.12 22.25 underground distribution 4 ....................$ line equipment) ........... $ 40.17 14.56 (3) Groundman...............$ 30.73 13.48 (4) Powderman...............$ 44.91 13.48 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 01/01/2014 Rates ELEVATOR MECHANIC ................$ 49.03 Fringes 26.785 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 07/07/2014 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ 39.05 22.25 GROUP 2 ....................$ 39.83 22.25 GROUP 3 ....................$ 40.12 22.25 GROUP 4 ....................$ 41.61 22.25 GROUP 5 ....................$ 41.86 22.25 GROUP 6 ....................$ 41.83 22.25 GROUP 8 ....................$ 41.94 22.25 GROUP 9 ....................$ 42.19 22.25 GROUP 10 ....................$ 42.06 22.25 GROUP 11 ....................$ 42.31 22.25 GROUP 12 ....................$ 42.23 22.25 GROUP 13 ....................$ 42.33 22.25 GROUP 14 ....................$ 42.36 22.25 GROUP 15 ....................$ 42.44 22.25 GROUP 16 ....................$ 42.56 22.25 GROUP 17 ....................$ 42.73 22.25 GROUP 18 ....................$ 42.83 22.25 GROUP 19 ....................$ 42.94 22.25 GROUP 20 ....................$ 43.06 22.25 GROUP 21 ....................$ 43.23 22.25 GROUP 22 ....................$ 43.33 22.25 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 7 of 26 GROUP 23 ....................5 43.44 22.25 GROUP 24 ....................$ 43.56 22.25 GROUP 25 ....................$ 43.73 22.25 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 40.40 22.25 GROUP 2 ....................$ 41.18 22.25 GROUP 3 ....................$ 41.47 22.25 GROUP 4 ....................$ 41.61 22.25 GROUP 5 ....................$ 41.83 22.25 GROUP 6 ....................$ 41.94 22.25 GROUP 7 ....................$ 42.06 22.25 GROUP 8 ....................$ 42.23 22.25 GROUP 9 ....................$ 42.40 22.25 GROUP 10 ....................$ 43.40 22.25 GROUP 11 ....................$ 44.40 22.25 GROUP 12 ....................$ 45.40 22.25 GROUP 13 ....................$ 46.40 22.25 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 ....................$ 40.90 22.25 GROUP 2 ....................$ 41.68 22.25 GROUP 3 ....................$ 41.97 22.25 GROUP 4 ....................$ 42.11 22.25 GROUP 5 ....................$ 42.33 22.25 GROUP 6 ....................$ 42.44 22.25 GROUP 7 ....................$ 42.56 22.25 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 loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. http://www.wdol.gov/wdol/scafiles/davisbaconka35.dvb 02/02/2015 Page 8 of 26 without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; 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 B: 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, http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 9 of 26 Case or similar; Cast -in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (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) http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 10 of 26 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. 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 19: 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 http://www.wdoI.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 11 of 26 operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 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 ht4)://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 12 of 26 or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons 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) http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 13 of 26 GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the 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, MUM. 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, RSE, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, RlE, SBM. Continue E along south http://www.wdol.gov/wdol/scaftles/davisbacon/ca35.dvb 02/02/2015 Page 14 of 26 boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & 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, MUM. Continue E to SW corner of T30S, R17E, MOM. Continue S to SW corner of T31S, R17E, MUM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE 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, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. (T12N SBM is a think strip between T11N SBM and T32S 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. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TION, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 15 of 26 until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MUM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MUM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MUM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MUM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------- ENGI0012-004 08/01/2014 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 48.60 22.40 (2) Dredge dozer ............ $ 42.63 22.40 (3) Deckmate................$ 42.52 22.40 (4) Winch operator (stern winch on dredge) ............ $ 41.97 22.40 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 41.43 22.40 (6) Barge Mate ..............$ --------------------------------------------------------- 42.04 22.40 IRON0377-002 01/01/2015 Rates Fringes Ironworkers: Fence Erector ...............$ 27.08 18.24 Ornamental, Reinforcing and Structural ..............$ 33.50 28.20 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 htt4)://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00300-005 01/01/2014 Rates Fringes Asbestos Removal Laborer ......... $ 28.00 15.25 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB00345-001 07/01/2014 Rates Fringes LABORER (GUNITE) GROUP 1 .....................$ 34.79 17.92 GROUP 2 .....................$ 33.84 17.92 GROUP 3 .....................$ 30.30 17.92 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. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LAB00652-001 07/01/2014 Rates Fringes LABORER (TUNNEL) Page 16 of 26 http://www.wdol.gov/wdol/scafilestdavisbacon/ca35.dvb 02/02/2015 Page 17 of 26 GROUP 1 .....................$ 35.74 16.48 GROUP 2 .....................$ 36.06 16.48 GROUP 3 .....................$ 36.52 16.48 GROUP 4 .....................$ 37.21 16.48 LABORER GROUP 1 .....................$ 30.19 16.48 GROUP 2 .....................$ 30.74 16.48 GROUP 3 .....................$ 31.29 16.48 GROUP 4 .....................$ 32.84 16.48 GROUP 5 .....................$ 33.19 16.48 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6 -in, pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 18 of 26 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; 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; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader 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 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 19 of 26 form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ----------------------- LAB00652-003 07/01/2014 Rates Brick Tender .....................$ 29.12 ------------------------------ LABO1184-001 07/01/2014 Laborers: (HORIZONTAL DIRECTIONAL DRILLING) Rates Fringes (1) Drilling Crew Laborer ... $ 31.65 13.33 (2) Vehicle Operator/Hauler.$ 31.82 13.33 (3) Horizontal Directional Drill Operator ..............$ 33.67 13.33 (4) Electronic Tracking Locator .....................$ 35.67 13.33 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 .....................$ 32.56 16.28 GROUP 2 .....................$ 33.86 16.28 GROUP 3 .....................$ 35.87 16.28 GROUP 4 .....................$ 37.61 16.28 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper hftp://www.wdol.gov/wdoI/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 20 of 26 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 ------------------------ LABO1414-001 08/07/2013 Rates Fringes LABORER PLASTER CLEAN-UP LABORER .... $ 27.45 16.36 PLASTER TENDER ..............$ 30.00 16.36 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------- PAIN0036-001 07/01/2014 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 26.89 12.28 (2) All Other Work .......... $ 30.27 12.28 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ------------------------ PAIN0036-008 10/01/2014 Rates DRYWALL FINISHER/TAPER ........... $ 35.18 ------------------------------------------------ PAIN0036-015 06/01/2014 Rates GLAZIER ..........................$ 37.95 --------------- Fringes 15.91 --------------- Fringes 22.69 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ------------------------------------- PAIN1247-002 01/01/2014 Rates Fringes SOFT FLOOR LAYER .................$ 29.85 12.56 ---------------------------------------------------------------- PLAS0200-009 08/06/2014 Rates Fringes http://www.wdol.gov/wdol/scafiles/davisbacon/e,a35.dvb 02/02/2015 Page 21 of 26 PLASTERER ........................$ 37.43 13.28 ---------------------------------------------------------------- PLAS0500-002 07/07/2014 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 31.85 19.55 --------------------------------------------------------------- PLUM0016-001 07/01/2014 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work .......................$ 44.71 20.36 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 43.33 19.38 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 34.59 17.71 PLUM0345-001 07/01/2014 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 29.27 19.75 Sewer 6 Storm Drain Work .... $ 33.24 17.13 ---------------------------------------------------------------- ROOF0036-002 08/01/2014 Rates Fringes ROOFER ...........................$ 35.02 13.57 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 $1.75 per hour "pitch premium" pay. ------------------------------ SFCA0669-008 07/01/2013 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 22 of 26 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 34.19 19.37 --------------------------------------------------------- SFCA0709-003 01/01/2014 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) .......... $ 40.61 24.02 --------------------------------------------------------- * SHEE0105-003 01/01/2015 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER Rates (1) Commercial - New TRUCK DRIVER Construction and Remodel work ........................$ 40.79 23.75 (2) Industrial work ....................$ including air pollution 24.14 control systems, noise 2 abatement, hand rails, 28.14 guard rails, excluding GROUP aritechtural sheet metal ....................$ work, excluding A -C, 24.14 heating, ventilating 4 systems for human comfort ... $ 40.79 23.75 TEAM0011-002 07/01/2014 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Rates Fringes TRUCK DRIVER GROUP 1 ....................$ 27.99 24.14 GROUP 2 ....................$ 28.14 24.14 GROUP 3 ....................$ 28.27 24.14 GROUP 4 ....................$ 28.46 24.14 GROUP 5 ....................$ 28.49 24.14 GROUP 6 ....................$ 28.52 24.14 GROUP 7 ....................$ 28.77 24.14 GROUP 8 ....................$ 29.02 24.14 GROUP 9 ....................$ 29.22 24.14 GROUP 10 ....................$ 29.52 24.14 GROUP 11 ....................$ 30.02 24.14 GROUP 12 ....................$ 30.45 24.14 http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 23 of 26 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, 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 6: 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. hftp://www.wdol.gov/wdol/scafiles/davisbacontca35.dvb 02/02/2015 Page 24 of 26 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)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 25 of 26 new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1008 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination • a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 Page 26 of 26 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 D.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION❑ http://www.wdol.gov/wdol/scafiles/davisbacon/ca35.dvb 02/02/2015 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 5653 TECHNICALABILITY AND EXPERIENCE to R Bidders Name Superior Pavement Markings, 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 Project Name/Number Eastbluff Drive / Ford Rd Bike Lane - Newport Beach Project Description Install ed Bike Lane As A Subcontractor For GMC Engineering Approximate Construction Dates: From w8/29/14 To: 9/15/14 Agency Name City Of Newport Beach Contact Persan, Telephone { 714 _ 247-1040 Original Contract Amount $19,380.00 Final Contract Amount $ 21,864.00 If final amount is different from original, please explain (change orders, extra work, etc,) City Added Some 8" Hash Bars Between Bike Lanes Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No ,6 CONTRACT i . 5653 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of March, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SUPERIOR PAVEMENT MARKINGS, INC., a California corporation ("Contractor"), whose address is 5312 Cypress Street, Cypress, California 90630, and is made with reference to the following: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of modification of striping and signage for the installation of bike lanes on Jamboree Road (from Coast Highway to Bayview Way), San Joaquin Hills Road (from Jamboree Road to Spyglass Hill Road), and Spyglass Hill Road (from San Joaquin Hills Road to San Miguel Drive) (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. 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, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5653, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. 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. 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. 3. COMPENSATION 3.1 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 One Hundred Seventeen Thousand Six Hundred Thirty Two Dollars and 00/100 ($117,632.00). 3.2 This compensation includes 3.2.1 Any loss or damage arising from the nature of the Work; and 3.2.2 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, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Darren Veltz to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Superior Pavement Markings, Inc. Page 2 6. 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, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Darren Veltz Superior Pavement Markings, Inc. 5312 Cypress Street Cypress, CA 90630 City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Superior Pavement Markings, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a 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. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. 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 Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Superior Pavement Markings, Inc. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, 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 the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship Superior Pavement Markings, Inc. Page 5 between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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 Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsuitants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Superior Pavement Markings, Inc. Page 6 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 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. 16.7 Nothing in this Section or 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 above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. fl1 X61 I_V.Fc74i7Ti7 � 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractors members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. ,T-9103 Lq IdXDA&Ki731.kO:Z��1 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. r• :u ►I' w 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be Superior Pavement Markings, Inc. Page 7 deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. Superior Pavement Markings, Inc. Page 8 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. 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. 22. 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 1�9[rlT�i�1:7��i7.I.I�iiJTcl�l Superior Pavement Markings, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTO NE'S OFFICE Date: :�21 1111 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: By. Aaron C. Harp chM o311211,7 E and MDSerich City Attorney ATTEST: lI� Jr Date: `� ( ' By:O&A� O Leilani I. Brown City Clerk Mayor CONTRACTOR: SUPERIOR PAVEMENT MARKINGS, INC., a California corporation Date: By: John Luc President Date: By: � 2® Darren Veltz Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Superior Pavement Markings, Inc. Page 10 5NUMM CITY OF NEWPORT BEACH Premium listed on performance bond BOND NO. CAC712777 Executed in duplicate III a :t'kr WHEREAS, the City of Newport Beach, State of California, has awarded to Superior Pavement Markings, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of the contract, consisting of modification of striping and signage for the installation of bike lanes on Jamboree Road (from Coast Highway to Bayview Way), San Joaquin Hills Road (from Jamboree Road to Spyglass Hill Road), and Spyglass Hill Road (from San Joaquin Hills Road to San Miguel Drive), in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, Merchants Bonding Company (Mutual) duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Seventeen Thousand Six Hundred Thirty Two Dollars and 00/100 ($117,632.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Superior Pavement Markings, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 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 23rd day of March '2015 . Superior Pavement Markings, Inc. Name of Contractor (Principal) Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive, Des Moines, Iowa 50321 Address of Surety (515)243-8171 Telephone By: Aaron C. Harp wmositrills' City Attorney i �. SEC�CEaAlL`/ Authorized Signature/Title 4�Lmcie Z— Authorized Agent Si ature Stephanie Hoang, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Superior Pavement Markings, Inc. Page A-2 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 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 day of 20_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATT R�EY'S OFFICE Date: By: r� Aaron C. Harp tAm&31ith City Attorney Authori- , Signatu title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Superior Pavement Markings, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Superior Pavement Markings, Inc. Page A-3 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On March 30, 2015 before me, Sandy Dorswitt, personally appeared Darren Veltz who proved to me on the basis of satisfactory evidence to be the persons) whose names} Were subscribed to the within instrument and acknowledged to me that hetshelthey executed the same in histherlt„their authorized capacity4ies), and that by hisAheNEheir signature (S) on the instrument the person(s), or the entity upon behalf of which the person(s) SANDy a S"T' acted, executed the instrument. Cammisscon 2026092 1.0 Notary Public - California D I certify under PENALTY OF PERJURY under the laws of L®s Angeles county the State of California that the foregoing paragraph is true At+ Gocnm. E c 6rss Jua 29, 209 7 r and correct. WITNESS my hand and official seal - ! Signature � Sandy bra Nit Nota, ubic Notary Seal VllfEo7i7[A Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: March 23, 2015 Number of Pages: 2 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s): Signers Name Darren Veltz Signer's Name D Individual Corporate Officer - Title(s) ❑ Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator E] Other Signer is Representing Owner/Secretary Right Thumbprint of Signer Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Superior Pavement Markings, {nc. Right Thumbprint or CIVIL. CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On2,),J 1 �J before me, V. Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) 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 capaeity(ies), and that by his/her/their signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. _ _ I certify under PENALTY OF PERJURY under the V. COPELAND ® laws of the State of California that the foregoing Commission 2046542 paragraph is true and correct. -W Notary Public • California z Orange County WITNESS my hand and official sea AR Comm. Ex fires Oct 24, 2017 Signature: _ ignature of Notary Public Place Notary Seal Above - - - - - - - ------ OPTIONAL --- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Tide(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the'•Companies"), and that the Companies do hereby make, constitute and appoint, individually, Eric Lowey; Mark Richardson; Shawn Blume; Stephanie Hoang; Teresa I Jackson of Costa Mesa and State of California their true and lawful Attorney -In -Fact, with full power and authority hereby conferred in their name., place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confined. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rdday of September. 2014 STATE OF IOWA COUNTY OF POLK as, • 0:•V� 9.A:•Z�: ° a•'• 7933 : e: • ti. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President On this23rdday of September. 2014.. before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. �Pa'?rs WENDV WOODY o q Commission Number 784654 pines My Commission Expires June 20 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I. William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of March .?015 ....... ..`"'N1017q<" §Tu UOQ O': �`•. 2CQ3 n L$ 1933 POA 0014 (7/14) 9, ��'td'.. ..•: All Secretary CT TERM AND IS PREMIUM IS FOR THE ADJUSTMENT EASED OFINAL CONTRACT PRICE SUBJECT EXHIBIT B Executed in duplicate The premium charges on this Bond is $ 2.941.00 , being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Superior Pavement Markings, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of the contract, consisting of modification of striping and signage for the installation of bike lanes on Jamboree Road (from Coast Highway to Bayview Way), San Joaquin Hills Road (from Jamboree Road to Spyglass Hill Road), and Spyglass Hill Road (from San Joaquin Hills Road to San Miguel Drive), in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Merchants Bonding Company (Mutual) , 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 One Hundred Seventeen Thousand Six Hundred Thirty Two Dollars and 00/100 ($117,632.00) 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. 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 City, only in the Superior Pavement Markings, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 Suretv above named, on the 23rd day of March ,2015 . Superior Pavement Markings, Inc. Name of Contractor (Principal) Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive, Des Moines, Iowa 50321 Address of Surety (515)243-8171 Telephone 92 •- • 09. qi� it By D-LL--� Aaron C. Harp' oa(,g{s4 City Attorney 1 SEZR.�iA`f Authorized Signature/Title ck�� / Authorized Agent Si ature Stephanie Hoang, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Superior Pavement Markings, Inc. Page B-2 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 day of 20_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone h•.*V =1 IVAZIIII 9.� • t By Aaron C. HarpMo3fislK City Attorney Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Superior Pavement Markings, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Superior Pavement Markings, Inc. Page B-3 Civil Code 1189 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On March 30. 2015 before me, Sandy Dorswitt, personally appeared Darren Veltz OPTIONAL Description of Attached Document Title or Type of Document: Document Date: March 23, 2015 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Individual [X Corporate Officer — Title(s) E] Partner — Limited/General Attorney in Fact Trustee E] Guardian or Conservator Other Signer is Representing Owner/Secretary Right Thumbprint of Signer Faithful Performance Bond Number of Pages: Signer's Name Individual E] Corporate Officer — Title(s) �j Partner — Limited/General Attorney in Fact Trustee Guardian or Conservator ❑ Other Superior Pavement Markings, Inc. E Right Thumbprint e, who proved to me on the basis of satisfactory evidence to be the person(s) whose nameW islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hisiherithei authorized capacity-(ies), and that by his/her signature (s) on the instrument the VATT person(, or the entity upon behalf of which the person(s) ston CoFry acted, executed the instrument. Noontic • California > I certify under PENALTY OF PERJURY under the laws of ngeles County the State of California that the foregoing paragraph is true M C E res dun 21, 2017 and correct. WITNESS my hand and official seal Signature Sandy 06r3 Ift, Not Public Notary Seat C.1 OPTIONAL Description of Attached Document Title or Type of Document: Document Date: March 23, 2015 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Darren Veltz Individual [X Corporate Officer — Title(s) E] Partner — Limited/General Attorney in Fact Trustee E] Guardian or Conservator Other Signer is Representing Owner/Secretary Right Thumbprint of Signer Faithful Performance Bond Number of Pages: Signer's Name Individual E] Corporate Officer — Title(s) �j Partner — Limited/General Attorney in Fact Trustee Guardian or Conservator ❑ Other Superior Pavement Markings, Inc. E Right Thumbprint e, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On �J�L3��C✓ before me, V. Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) 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/sheftfiey executed the same in his/her/thtir 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 persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the V. COPELAND laws of the State of California that the foregoing Commission 2046542 z paragraph is true and correct. Z -r Notary Po611c - California Orange County WITNESS in official hand and ocial sea( M Comm. E% lies Oot 24, 2617 d i Signature: [Signature of NotaryPublic Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: ,___ Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 •' ri s f l •• •2FA 0 LOJ- Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC-, both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Eric Lowey; Mark Richardson; Shawn Blume; Stephanie Hoang; Teresa I Jackson of Costa. Mesa and State of California their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of TEN MILLION ($10,000,000,00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rdday of September, 2014 -b- a;:• 2003 STATE OF IOWA fl' COUNTY OF POLK ss. '3• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By/-Ir"7774- President On this23rdday of September • 2014 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.', and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. �PFIACd, WENDY WOODY b Commission Number 784654 My Commission Expires rpWP June 20 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of March 1 2015 'St0olg4'®v s,0?pNAG 4P09gA9yme 1933 : c: •., dp,•.,..<:;.t ..f�W • •'01®„ 10014 (7/14) a., Secretary EXHIBIT C 1. Provision of 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 Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease 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 California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation 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 certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Superior Pavement Markings, Inc. =age insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract 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. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: 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 other endorsements as specified herein for each coverage. All of the executed Superior Pavement Markings, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. 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 Superior Pavement Markings, Inc. Page C-3 self-insured retention, the self-insured retention must be declared to City. City may review options with 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. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract 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 with five (5) calendar days of the expiration of the coverages. Superior Pavement Markings, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3/26/15 Dept./Contact Received From: Raymund Date Completed: 3/27/15 Sent to: Raymund By: Chris/Alicia Company/Person required to have certificate: Superior Pavement Markings Inc. Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/18/14 to 9/18/15 A. INSURANCE COMPANY: Ironshore Specialty Insurance Co B. AM BEST RATING (A-: VII or greater): A; XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach N 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) N 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/14 to 8/1/15 A. INSURANCE COMPANY: The Ohio Casualty Insurance Co B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - if Employees (Must be $1 M 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 (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A N Yes ❑ No H. NOTICE OF CANCELLATION: 0 N/A 0 Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6/1/14 to 6/1/15 A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): N/A C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED N. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? ❑ Yes ❑ No 0 Yes ❑ No 1,000,000 /1 Yes ■ [K ■ Yes ■ ■ [K Yes El] NO ■ ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No Approved: 3/27/15 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: Risk Management approval for non -admitted status of general liability carrier received on 3/26/15 Approved: Risk Management * Subject to the terms of the contract. 41-01911JOAM11111V I PR I of 3 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. 5653 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 WORDSRICE B�PRICE Five Thousand Dollars and No Cents S 5,000.00 Per Lump Sum @ Three Thousand Th,- 11-aLs!jEighty Seven Dollars and No -Cents $ 3,387.00 Per Lump Sum 3. 104 Each Remove and Install Signs @ One Hundred Five Dollars and No -Cents $ 105.00 $ 10,920.00 Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL 4. Lump Sum Install Traffic Striping, Markings, and Markers Seventy Nin Thousand Nine @ Hundred Forty Four Dollars and No Cents 79,944.00 Per Lump Sum 5. Lump Sum Remove Traffic Striping, Markings, and Markers Thirteen Thousand Tree Hundred Twenty One Dollars No and Cents $ 13,321.00 Per Lump Sum S. 19 Each Install Traffic Signal Detectors @ Two Hundred Forty Dollars and No Cents $ 240.00 $ 4,560.00 Each Lump Sum ProvideDrawinE to Five Hundred Dollars and _ o Cents $ 500.00 Per Lump Sum ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRIGS TOTAL PRICE IN WRITTEN WORDS One Hundred Seventeen Thousand Six Hundred Thirty Two and No Cents 2/10/15 Date (714)995-9100 (714) 995-9400 Bidder's Telephone and Fax Numbers $ 117,632.00 Total Price (Figures) Darren Veltz e --Bidder It Secretary Bidders Bidder's Authorized Signature and Title 776306 C31 & C32 5312 Cypress St, Cypress, Ca 90630 Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: Darren@superiorpavementmarkings.com PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT CONTRACT NO. 5653 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 2-9 SURVEYING 2 2-9.3 Survey Service 2 2-9.6 Survey Monuments 2 2-12 FEDERAL REQUIREMENTS 2 2-12.1 Award and Execution of Contract 2 2-12.2 Disadvantaged Business Enterprises (DBE) 3 2-12.2.1 DBE Commitment Submittal 4 2-12.2.2 Good Faith Efforts Submittal 4 2-12.2.3 Exhibit 15G — Local Agency Bidder DBE Information 6 (Construction Contracts) 2-12.2.4 Subcontractor and DBE Records 6 2-12.2.5 Performance of DBE 7 2-12.3 Bid Rigging 8 2-12.4 Buy American 8 2-12.5 Prompt Payment of Funds Withheld to Subcontractors 9 2-12-6 Female and Minority Goals 9 2-12.7 Federal Trainee Program 9 2-12.8 Labor Nondiscrimination 10 2-12.9 Prevailing Wage 10 2-12.10 Removal of Asbestos and Hazardous Substances 11 SECTION 3 CHANGES IN WORK 11 3-3 EXTRA WORK 11 3-3.2 Payment 11 3-3.2.3 Markup 11 SECTION 4 CONTROL OF MATERIALS 12 4-1 MATERIALS AND WORKMANSHIP 12 4-1.3 Inspection Requirements 12 4-1.3.4 Inspection and Testing 12 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 12 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 12 6-7 TIME OF COMPLETION 13 6-7.1 General 13 6-7.2 Working Days 13. 6-7.4 Working Hours 13 6-9 LIQUIDATED DAMAGES 13 6-11 CONSTRUCTION PHASING 14 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 14 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 14 7-1.2 Temporary Utility Services 14 7-7 COOPERATION AND COLLATERAL WORK 14 7-8 PROJECT SITE MAINTENANCE 15 7-8.6 Water Pollution Control 15 7-8.6.2 Best Management Practices (BMPs) 15 7-10 PUBLIC CONVENIENCE AND SAFETY 16 7-10.1 Traffic and Access 16 7-10.2 Storage of Equipment and Materials in Public Streets 16 7-10.3 Street Closures, Detours, Barricades 16 7-10.4 Safety 17 7-10.4.1 Safety Orders 17 7-10.5 "No Parking" Signs 17 7-15 CONTRACTOR LICENSES 17 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 18 SECTION 9 MEASUREMENT AND PAYMENT 18 9-3 PAYMENT 18 9-3.1 General 18 9-3.2 Partial and Final Payment 19 PART 2 ---CONSTRUCTION MATERIALS SECTION 214 PAVEMENT MARKERS 19 214-4 NONREFLECTIVE PAVEMENT MARKERS 19 214-5 REFLECTIVE PAVEMENT MARKERS 19 PART 3 ---CONSTRUCTION METHODS SECTION 307 TRAFFIC SIGNAL CONSTRUCTION 19 307-17.7.3 Inductive Loop Detectors 19 SECTION 310 PAINTING 20 310-5 PAINTING VARIOUS SURFACES 20 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings SECTION 310 PAINTING 20 310-5 PAINTING VARIOUS SURFACES 20 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 20 310-5.6.6 Preparation of Existing Surfaces 20 310-5.6.7 Layout, Alignment and Spotting 20 310-5.6.8 Application of Paint 20 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 21 312.1 PLACEMENT 21 SECTION 313 SIGNS 21 313-1 GENERAL 21 ••i'• •LOATIT191 . R • , . 11 SPECIAL PROVISIONS NEWPORT BEACH BIKE LANE IMPROVEMENT PROJECT - CONTRACT NO. 5653 Federal Project No. CML -5151 (029) INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions and Supplemental; (2) the Plans (Drawing No. R -6021-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2009 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements; (5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2: SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of modification of striping and signage for the installation of bike lanes on Jamboree Road (from Coast Highway to Bayview Way), San Joaquin Hills Road (from Jamboree Road to Spyglass Hill Road), and Spyglass Hill Road (from San Joaquin Hills Road to San Miguel Drive). Other items of work or details not mentioned above that are required by the Plans, Standard Specifications, or these Special Provisions, shall be performed, placed, constructed, or installed. It is CONTRACTOR's responsibility to verify all controlling field dimensions before ordering or fabricating any material." SP2OF22 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: 'The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City and Orange County survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Surendir Dewan and can be contacted at (714) 790-8840. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work," 2-9.6 Survey Monuments The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2-12 FEDERAL REQUIREMENTS 2-12.1 Award and Execution of Contract The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. SP3OF22 Bid protests are to be delivered to the following address: 100 Civic Center Drive Newport Beach, CA 92660 Public Works Department The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the address listed above. 2-12.2 Disadvantaged Business Enterprises (DBE) Under 49 CFR 26.13(b): The contractor, subrecipient 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 equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a goal for DBEs. Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verify that the DBE 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..qov/hq/bep/find certified.htm. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: SIP 4OF22 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. e 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) through (4) and (6) 2-12.2.1 DBE Commitment Submittal Submit the Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid. If the DBE 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 DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the request. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid nonresponsive. 2-12.2.2 Good Faith Efforts Submittal If you have not met the DBE goal, complete and submit the DBE 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 DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE 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 Agency finds that the DBE goal has not been met. SP5OF22 Good faith efforts documentation must include the following information and supporting documents, as necessary: Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with your own forces and those items that have been broken down into economically feasible units to facilitate DBE 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 DBE firms. 2. Names of certified DBEs 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 DBEs 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 DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested DBE 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 DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs 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 DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. SP6OF22 List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date assistance was provided. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the DBE goal. 2-12.2.3 Exhibit 15G — Local Agency Bidder DBE Information (Construction Contracts) Complete and sign Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) included in the contract documents regardless of whether DBE participation is reported. Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the Agency encourages you to submit a copy of the joint venture agreement.) 2-12.2.4 Subcontractor and DBE Records Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE) and Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form unless you receive authorization for a substitution. The Agency requests the Contractor to: 1. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 1st -tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. SP7OF22 Before the 15th of each month, submit a Monthly DBE Trucking Verification form. If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form. Submit the form within 30 days of contract acceptance. Upon work completion, complete Exhibit 17-F Final Report — Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. 2-12.2.5 Performance of DBE DBEs must perform work or supply materials as listed in the Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form, included in the Bid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications: Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials. 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract. 9. Listed DBE is ineligible to receive credit for the type of work required. SP8OF22 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph 2. Notices from you to the DBE regarding the request 3. Notices from the DBEs to you regarding the request If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution. Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form unless it is performed or supplied by the listed DBE or an authorized substitute. 2-12.3 Bid Rigging The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 2-12.4 Buy American Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S. except: Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; SP9OF22 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes: 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. 2-12.5 Prompt Payment of Funds Withheld to Subcontractors The agency shall hold retainage 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 retainage 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. 2-12.6 Female and Minority Goals To comply with Section 11, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following are goals for female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000: The Orange County, California goal for female utilization is 11.9 percent. 2-12.7 Federal Trainee Program The Federal Trainee goal and special provisions do not apply since the engineer's estimate of this project is under $400,000 and/or the project has less than 100 working days. SP 10 OF 22 2-12.8 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) Your attention is called to the "Nondiscrimination Clause', set forth in Section 7- 1.021(2), "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. 2-12-9 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, 100 Civic Center Drive., Newport Beach, CA 92660. 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.html) 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. SP 11 OF 22 2-12.10 Removal of Asbestos and Hazardous Substances When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.07, "Delays," of the Caltrans Standard Specifications. SECTION 3: CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SP 12 OF 22 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 6: PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." SP 13 OF 22 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within twenty (20) consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days 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 1 st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St, July 4th, November 11th December 24th December 25th 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:OOAM to 4:30PM Monday through Friday for work outside of the roadway. All work within the roadway shall take place between 9:00 AM and 3:OOPM. 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. 9:00 AM to 4:OOPM 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 $216.00 per hour when such time periods are approved. Traffic Signal outages and modification work shall be per Section 1.5 of the attached Traffic Signal Specification Supplemental. Traffic signal outages will be allowed per the attached Traffic Signal Special Provision Supplemental. 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. SP 14 OF 22 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. 6-11 CONSTRUCTION PHASING A. Construction shall be phased so that striping on each segment shall be removed and replaced within the same working day. B. Signage installation/modification shall be installed on a roadway segment prior to modification of the striping. Signs shall be covered until the related striping is completed. SECTION 7: RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender a $1073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a 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." City shall designate to the contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 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:OOAM to 2:OOPM or a six -hour shut down between the hours of 11:OOPM to 5:OOAM 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 SP 15 OF 22 coordinated with the City of Newport Beach, Utilities Department. The Engineer must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Utilities Division, at (949) 644-3011." 7-8 PROJECT SITE MAINTENANCE 7.8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. SP 16 OF 22 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. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications, the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition and the 2012 CA MUTCD. Traffic control and detours shall incorporate the following items: 1 Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian, bicycle and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be refiectorized and/or lighted. To the extent possible, signs shall not be placed in a manner that blocks sidewalks or bike lanes. 4. The Contractor shall accommodate the City's trash collection. if the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection SP 17 OF 22 arrangements by contacting the Citys Refuse Superintendent, at (949) 718- 3468 and all affected property owners. Sidewalk closures in non-residential 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. 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) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours In advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" and/or "C-32" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. SP 18 OF 22 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. The "As -Built" mark-ups shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9: MEASUREMENT AND PAYMENT 9.3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; preparing the SWPPP or BMP Plan, and construction schedule; coordinating with other agencies, contractors, and utilities; notifying businesses and residents; attending meetings; and keeping records of existing conditions for the Contractor's protection; removal of USA markings; 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, posting signs; providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons; advance project signs and furnishing all labor, tools, equipment and materials necessary to comply with the approved traffic control plans and the California Manual of Uniform Traffic Control Devices(CA MUTCD), 2012 edition, W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove and Install Signs: Work under this item shall include removing and relocating existing signs and furnishing and installing new signs as shown on the striping plans. This item includes furnishing and installation of new posts, post bases, SP 19 OF 22 all hardware and all other work items as required to complete the work per the Plans and Special Provisions. Item No. 4 Install Traffic Striping, Markings, and Markers: Work under this item shall include installing traffic striping, pavement markers, markings and all other work items as required to complete the work per the Plans and Special Provisions. Item No. 5 Remove Traffic Striping, Markings, and Markers: Work under this item shall include labor, equipment and all other work items as required to remove existing traffic signal striping, markings, and markers per the Plans and Special Provisions. Item No. 6 Install Traffic Signal Detectors: Work under this item shall include labor, equipment and all other work items as required to install traffic signal vehicle and bicycle detectors per the Plans and Special Provisions. Item No. 7 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These plans must.be kept up to date and submitted to the engineer for review prior to monthly pay request. An amount of $500 is determined for this item. 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 214: PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS. Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic coated with red paint." 214-5 REFLECTIVE PAVEMENT MARKERS. Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." SP 20 OF 22 PART 3 CONSTRUCTION METHOD SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 307-17 TRAFFIC SIGNAL CONSTRUCTION 307-17.7.3 Inductive Loop Detectors. Amend this Section to include: "Traffic signal loop detectors shall be installed per Caltrans Standard Plans ES -5A and ES -58 and shall be Type E spaced ten feet apart. Front loops shall be a 6' diameter, modified Type E per the Traffic Signal and will be placed immediately behind the limit line/crosswalk. Loop wire shall be Type 2, Loop Sealant shall be Hot -Melt Rubberized Asphalt sealant. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement course placement." SECTION 310: PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove.all existing thermoplastic traffic striping and pavement markings affected by wet sandblasting per requirements of the Section 310-5.6.6 or by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No, 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas, excluding bike lane legends, shall be reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping SP 21 OF 22 shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Bike lane legends shall be two coats paint. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312: PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-I-. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of finish course. SECTION 313: SIGNS 313-1 GENERAL. 1. Sign shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be, Type 4 or greater. Sign shall be made of aluminum (.08 inch thickness). 2. New Sign Posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2'/a inch unistrut (OD) base. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. 3. Sign mounting hardware and brackets shall be stainless steel. Anti -seize lubricant shall be applied to mounting hardware prior to installation. SP 22 OF 22 4. Signs shall be installed at a clear height of seven feet in standard locations, eight feet on sidewalks/paths where cycling is allowed or as otherwise shown on plans. Location of signs shown on plans is approximate and shall be approved by the City prior to installation. Where signs/posts are to be removed, signs, posts, post bases and hardware shall be removed completely. Post holes in concrete shall be filled with grout and troweled smooth to match the existing surface, Where posts/bases cannot be removed, they should be ground smooth with the existing surface and filled with grout as detailed above. TWISTED CLOCKWISE S}a r} INTO A PAIR >0c= Finish LIMIT LINE PER PLAN (AT LEAST 2 TURNS PER FOOT) " TO PULL BOX --- EDGE OF LIMIT o LINE MARKING rn 0 BIKE LOOP CASE (BICYCLE ONLY) (NOT TO SCALE) WINDING DETAIL_ LIMIT LINE PER PLAN BIKE LOOP (NOT TO SCALE) r EDGE OF LIMIT 0v TO PULL BOX—. LINE MARKING LIMIT LINE PER PLAN m m ,i BIKE LOOPS 0 BIKE LANE TYPE °E" LOOPS BIKE LOOP 0 (TYP) g o M � LEFT TURN LANE '0 -------TRAVEL LANE m STRIPING PLAN CASE II (NOT TO SCALE) (BICYCLE & VEHICLE) (NOT TO SCALE) "E" TYPE LOOP DETECTOR LOOP CITY OF NEWPORT BEACH INSTALLATION DETAIL PUBLIC WORKS DEPARTMENT TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT REACH City Council Staff Report March 10, 2015 Agenda Item No. 8 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Brad Sommers, Senior Civil Engineer (949)644-3326 Bike Lane Improvement Project - Award of Contract No. 5653 (CAP14-0035) Staff requests approval to install new bicycle lanes on Jamboree Road, San Joaquin Hills Road and Spyglass Hill Road. Staff has received and reviewed construction bids for this project and now requests City Council approval to award the construction contract to Superior Pavement Markings, Inc. RECOMMENDATION: a) Approve the project plans and specifications; b) Award Contract No. 5653 to Superior Pavement Markings, Inc. of Cypress, California for the Total Bid Price of $117,632.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $11,700.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work. FUNDING REQUIREMENTS: Sufficient funding is available in the Fiscal Year 2014/2015 project budget for the award of this contract. The following funds will be expended: Account Description Account Number Amount Grant Contributions 7251-C3002028 $ 112,518.00 General Fund 7013-C3002028 $ 17,814.00 Total: $ 130,332.00 M. Proposed uses are as follows: Vendor Purpose Amount Superior Pavement Markings Construction $ 117,632.00 Superior Pavement Markings Construction Contingency $ 11,700.00 TBD Printing/Incidental Expenses $ 1,000.00 Total: $ 130,332.00 DISCUSSION: At 10:00 A.M. on February 11, 2015, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Superior Pavement Markings, Inc. $ 117,632.00 2 Chrisp Co. $ 149,890.00 3 Unique Performance Construction, Inc. $ 187,830.00- 4 Cal Striping, Inc. $ 234,378.00 'Corrected Bid Amount — `As read" bid amount - $187,700.00 The low total bidder, Superior Pavement Markings, Inc., possesses a current and valid California State Contractors License Classification "C-32" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies, as well having successfully completed several similar street projects for the City in recent years. Additionally, Superior is currently operating as the striping subcontractor on two roadway improvement projects that are currently underway in the City. Staff believes the increased efficiency of working within the City on multiple projects, along with other market conditions, has contributed to significant bid related savings as Superior's total bid amount is substantially less than the Engineer's Estimate of $237,000. As part of the 2012 Orange County Transportation Authority (OCTA) Bicycle Corridor Improvement Program, the City applied for and was awarded grant funding for installation of striped on -street bicycle lanes on Jamboree Road, San Joaquin Hills Road and Spyglass Hill Road. The required City -funded match for this project is a minimum of thirteen percent (13%). This project includes installation of approximately four and a half miles of on -street bike lanes to close gaps in the City's bicycle network. These locations were identified as priorities in the recently approved Bicycle Master Plan for the City and this new project signifies another large and important step in completing identified facilities within the Plan. Improvements are planned along the following roadway segments: • Jamboree Road: Pacific Coast Highway to Bayview Way; • San Joaquin Hills Road: Jamboree Road to Marguerite Avenue`; and • Spyglass Hill Road: San Miguel Road to San Joaquin Hills Road. *An additional missing bike lane segment on San Joaquin Hills Road between Marguerite Avenue and Spyglass Hill Road will be installed as part of a current roadway resurfacing project. This contract will restripe existing paved roadway shoulders to install the bicycle lanes. Where sufficient width exists, buffered bike lanes will be installed to create further separation between motorists and cyclists. Additionally, bicycle detection loops will be installed at signalized intersections where the bicycle lane will be located away from the shoulder, making the existing bicycle push button inconvenient for a cyclist to reach. All the work will be within the existing roadway cross sections. Therefore, this project does not require physical widening of the roadways. LIM ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA') pursuant to Section 15301 (for repair, maintenance and minor alteration of existing public facilities) 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. Through the required Caltrans NEPA Determination (November 13, 2013), the State of California determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b). As such, the project is categorically excluded from the requirements to prepare an environmental assessment or environmental impact statement under the National Environmental Policy Act. The State has determined that the projects is a Categorical Exclusion under: 23 CFR 771.117(c)(3). A copy of the State's determination is available for review in the Public Works Department. 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). ATTACHMENTS: Description Attachment A - Location Map M 4 gP a NOT TO SCALE �C CO NN, i /-, ilk l (-T'T- O ATTACHMENT A Newport Beach CITY OF NEWPORT BEACH Bike Lane PUBLIC WORKS DEPARTMENT Improvement Project C-5653 7F03/1 5 "Received After Agenda Printed" Item No. 8 03/10/15 McDonald, Cristal From: Kiff, Dave Sent: Monday, March 09, 2015 1:55 PM To: City Clerk's Office Subject: FW: BIke Lane Proposal For the record. -----Original Message ----- From: Laura Curran fmailto:lauracurran@me.com] Sent: Monday, March 09, 2015 1:09 PM To: Dept - City Council Subject: Bike Lane Proposal Councilmembers. The attention and proposed addition of 4.5 miles of Bike Lanes are appreciated, but not sufficient. The Bike Committees efforts are appreciated, but they are hampered by limited vision. http://novusage nda pu blic. newpo rtbeachca.Rov/Cove rSheet.aspx? Item I D=5110&M eeti nel D=669 This project calls for painting 'stripes on the street'. This is a bandaid. If the City were truly dedicated to improving bike and pedestrian connectivity and ridership throughout the City, options for separated bikeways would be on the table. For example, San Joaquin has a median and sidewalks with enough real estate to be allocated a bike way. Could some of that space be used to make it enticing to ride a bike on San Joaquin? At one point, there was a proposal to create a Ped/Bike Boardwalk along the Bay. What has happened to that project? Neighboring cities, such as Irvine, as installing true Bike Lanes and transportation paths, such as the Jeffrey Trail. These will encourage ridership by bike riders of all ages. As Newport Beach invests in physical infrastructure, such as Community Centers and Play Fields, we should consider applying some of the same ingenuity and dedication to developing a true bike infrastructure. Thank you Laura Curran