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
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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
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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.
.......
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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.
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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,
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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)
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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
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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
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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)
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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
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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.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, TION, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
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until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MUM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MUM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MUM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MUM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
----------------------------------------
ENGI0012-004 08/01/2014
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$
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
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$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)
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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);
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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
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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
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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
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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 $1.75 per
hour "pitch premium" pay.
------------------------------
SFCA0669-008 07/01/2013
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DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER .................$ 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
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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
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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.
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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
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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.
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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❑
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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."
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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.
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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:
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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.
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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.
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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.
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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.
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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)];
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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."
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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.
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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
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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