CITY OF WILLITS Public Works and Engineering Department 380 East Commercial Street, Willits, CA Voice: (707) 459-4605 • Fax: (707) 459-2481 July 9,2010 Mr. Bret McPhaul Mendocino Construction P.O. Box 1517 Services, Inc. Willits, CA 95490 Re: NOTICE TO PROCEED Construction City of Willits Contract No.: 2010-01 Contract - West Commercial Street Rehabilitation Project Federal Aid Project No.: ESPL-5082(057) Dear Mr. McPhaul: Enclosed for your files, is a fully executed construction contract for the above referenced project. Please also accept this correspondence as acceptance of your contract document submittal and the issuance of your Notice to Proceed, with construction in the not-ta-exceed amount of $400.901. The work is to commence on or before July 19. 2010, and is to be completed on or before October 5.2010. All work is to be done in accordance Willits Instructions with the project specifications To Bidders & General Provisions. titled Notice To Bidders. Proposal Book. City Of City Of Willits Special Provisions. Caltrans Special Provisions. City Of Willits Technical Specifications. Award Book. and Contract for the West Commercial Street Rehabilitation Proiect. Contract No. 2010-01, the project plans titled West Commercial Street Rehabilitation Proiect. Contract No. 2010-01, dated February 25.2010, The City is requesting to and your construction meet with you in the Bid, dated May 10. 2010. field, to conduct the Pre-Construction Conference on Monday. June 12. 2010. at 10:00 A.M. I'd like to request that you bring your proposed traffic control plan to the meeting. Please contact Jeremy Ronco at the number listed below, to confirm your availability. I would also like to take this opportunity contract. 1. to highlight some of the important provisions that are applicable to this Please be advised that federal posters need be posted for every worker to see at, or near the contractor's office, at the construction site, or at the workers central gathering point. 2. As this project is Funded thru the American Recovery and Reinvestment your monthly pay 1204)(Rev.0412009)). request This application, form is the available htiD://www.dot.ca.Qov/hQ/construc/forms/cem1204.pdf. ARRA in a Monthly fillable Act (ARRA), you must summit, with Employment PDF using Record the ((form following CEM- web link A hard copy of the form is enclosed for your use. The City will be unable to release payment without the submission of this form. 3. Also as a part of your monthly submission, Caltrans Exhibit 16-Z. You may download please submit the monthly DBE Trucking Verification Form, this form at http://www.dot.ca.Qov/hq/LocaIProqrams/lam/fonns/ Distribution: Original· Mendocino Construction Services, Inc. Original- Adrienne Moore, City Cieri< Copy - Project Management File :r/I~ ~(!, lapmforms.htm, 4. but a hard copy has been provided with this notice. The City also needs to collect from you, a completed Section 14. Federal Requirements for Federal-Aid Construction Projects; the form has been enclosed with this notice. Please submit this form within 7 business days of this correspondence. 5. The City has assigned the following staff to your project: Resident Engineer: Thomas M. Mannatt License No. C31931 City of Willits Ph: (707) 459-7136 CI: (707) 841-7925 Email: TMannatt@WillitsCitV.com Project Management Assistant: Brandi Burtness City of Willits Ph: (707) 459-7143 Email: Bburtness@WiliitsCitv.com Compliance Officer: Paul Cayler City of Willits Ph: (707) 459-7112 Email: CavlerP@WillitsCitV.com Please acknowledge receipt and acceptance of this notice by signing both copies in the space provided below. one copy and return the other to Brandi Burtness at 380 E. Commercial Keep St., Willits, CA 95490. ~/11/f~ Thomas M. Mannatt City Engineer City of Willits (707) 841-7925 Authorized signature: Title: f Distribubon: OriginalOriginalCopy Mendocino Construcbon Services, Inc. Adrienne Moore, City Clerk - Project Management File E Agreement Agreement Agreemont Local Assistance Procedures STATE OF CALIFORNIA Manual - DEPARTMENT EXHIBIT 16-Z Monthly DBE Trucking Verification OF TRANSPORTATION MONTHLY DBE TRUCKING VERIFICATION CP-CEM-2404(F) CONTRACT (NEW NO. (oj loase Lease Agroement lease Agreement 12/99) 0 B Leaso Commission Paid and Addre •• Name PatrolHwy. CA No. $ with Or Non-DBE Company California Nan-DBE Arrangement Amount if applicable) Date Paid' .•Upon request all Lease Agreements BUSINESS ADDRESS YEAR Truck MONTH No. I sholl be BUSINESS PHONE NO. mode available. in accordance with the Special Provisions. I CERnFY THATTHEABOVE INFORMATION IS COMPLETEAND CORRECT CONTRACTOR C~M-2A04F (NEW 12/99) LPP 04-(' I REPRESENTATIVE'S SIGNATURE COpy DATE TITLE DISTRIBUTION: ORIGINAL - RESIDENT ENGINEER Page 16-117 A. \ Jt 12, 2004 EXHIBIT 16-Z Local Assistance Procedures Manual Monthly DBE Trucking Verification Form CP-CEM 2404 (F)(NEW 12/99) MONTHLY DBE TRUCKING VERIFFICA nON The top of Form CEM-2404(F) contains boxes to put in the Contract Number, the Month of the reporting period and the Year of the reporting period. The Form CEM-2404(F) has a column to enter the name of the Truck Owner, the DBE Cert. No. (if DBE certified) and the Name and Address of the trucking company. The Form CEM-2404(F) also requires the Truck No. and the California Highway Patrol CA No. Form CEM-2404(F) is to be submitted prior to the 15th of each month and must show the dollar amount paid to the DBE trucking company(s) for trucking work performed by DBE certified trucks and for any fees or commissions of nonDBE trucks utilized each month on the project. The amount paid to each trucking company is to be entered in the column called "Commission or Amount Paid," in accordance with the Special Provisions Section 5-I.X. Payment information is derived using the following: I.) 100% for the trucking services provided by the DBE using trucks it owns, operates and insures. 2.) 100% for the trucking services provided by the trucks leased from other DBE finns. 3.) The fee or commission paid to nonDBEs for the lease of trucks. The Prime does not receive 100% credit for these services because they are not provided by a DBE company. The total dollar figure of this column is to be placed in the box labeled "Total Amount Paid." The column "Date Paid" requires a date that each trucking company is paid for services rendered. The next column contains information that must be completed if a lease arrangement is applicable. Located at the bottom of the form is a space to put the name of the "Prime Contractor," their "Business Address" and their "Business Phone No." At the bottom of the form there is a space for the Contractor or designee "Contractor Representative's Signature, Title and Date" certifying that the information provided on the form is complete and correct. Page 16-118 August 12,2004 LPP 04-07 STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION AMERICAN RECOVERY and REINVESTMENT ACT (ARRA) MONTHLY EMPLOYMENT REPORT CEM-1204 (REV. 04/2009) See instructions that fol/ow 1. CONTRACT NUMBER 2. FEDERAL-AID 3. REPORT MONTH AND YEAR (mm/yyyy) 5. CONTRACTOR 14. CONTRACTING NUMBER AGENCY NAME AND ADDRESS EXISTING 6. EMPLOYMENT NEW DATA HIRES HOURS PAYROLL EMPLOYEES EMPLOYEES EMPLOYEES SUBCONTRACTOR DIRECT, ON- PROJECT JOBS SUBCONTRACTOR NAME(S): '''.~ PROJECT ~~.,'\, (i>:'.i:~~ " .,. ;1r~~i];;' .:"Jil';~'. '~{.j; DBE W'j~ ~ ~S ~~i;;1~;' D > '"'\' fDATE IDATE CONTRACTOR: (Signature and Title) E AND SUBCONTRACTOR TOTALS (NEW + EXISTING) ACTOR SUBTOTALS D '---COpy DISTRIBUTION: ADA Notice Original· Project Files Copy· For individuals with sensory disabilities, this document is available in alternate formats. and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Contractor For information call (916) 654-6410 or TDD (916) 654-3880 or write Records STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION AMERICAN RECOVERY and REINVESTMENT ACT (ARRA) MONTHLY EMPLOYMENT REPORT CEM-1204 (REV. 0412009) INSTRUCTIONS FOR COMPLETING MONTHLY EMPLOYMENT REPORT FORM BOX 1. Contract Number: The state-assigned project number or 10; district and expenditure authorization (EA). BOX 2. Federal-aid Project Number: The state-assigned federal-aid project number. BOX 3. Report Month and Year: The month and year covered by the report. Reported as "mm/yyyy." BOX 4. Contracting Agency: The name of the contracting agency. For state projects, enter Caltrans. For non-state projects, enter the name of the contracting agency (federal agency, tribe, MPO, city, county, and so forth). BOX 5. Contractor Name and Address: The name and address of the contractor must include the firm name, street address, city, state, and zip code. BOX 6. Employment Data Subcontractor Name(s): The name of each subcontractor active on the project for the reporting month. If the subcontractor is a Disadvantaged Business Enterprise (DBE), check the box. Employees: The number of new hires and existing employees on the contractor's workforce that month, and the number of new hires and existing employees for each of the active subcontractors that month. Do not include material suppliers. Report all data as whole numbers .. Hours: For the reporting month, the total time spent, including overtime hours, on the specified project by the contractor's and active subcontractors' new hires and existing employees. Payroll: The total dollar amount of the basic hourly rate paid by the contractor on the specified project for all employees for the reporting month and the total dollar amount of the basic hourly rate of pay paid by each active subcontractor that month. The basic hourly rate does not include fringe benefits such as vacation, health and welfare, pension and others. Report all data to the nearest whole dollar. BOX 7. Certified by Contractor Name: The contractor representative or person responsible for certification of the information included on the form. By completing the form, the authorized representative certifies knowledge of the hours worked and employment status for all employees. The contractor is responsible for maintaining data that supports the employment form and for making that data available to the state if it requests supporting materials. Date: The date that the contractor completed the employment form is reported as "mm/dd/yyyy: BOX 8. Reviewed by Contract Administrator (to be completed by the state or authorized representative) Name: State representative, such as the resident engineer or contract manager, or authorized project representative responsible for reviewing the submitted form. Date: The date that the state representative reviewed the form is reported as "mm/dd/yyyy." -SEGTION 14: CAL TRANS - FEDERAL REQUIREMENTS FOR FEDERAL-AID CONTRUSTION PROJECTS SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID GENERAL.-The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, "Form FHW A 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be construed to mean "Engineer" as defined in Section 1- I.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.-In dition to the provisions in Section II, "Nondiscrimination," Section VII, "Subletting or Assigning the Contract," of the quired contract provisions, the Contractor shall comply with following: adand rethe The bidder shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.-The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of tree competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN SUBCONTRACTING.-Part 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule gibility B-Information for Determining Joint Venture Eli- CONSTRUCTION PROJECTS (This form need not be filled in if all joint venture firms are DBE owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The DBE partner must complete Schedule A.) _ a. Describe the role of the DBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non-DBE joint venturer: 5. Nature of the joint venture's business a. Provide a copy of the joint venture agreement. b. What is the claimed percentage of DBE ownership? 6. Ownership of joint venture. (This need not be filled in if described in the joint venture agreement, provided by question 5) a. Profit and loss sharing. b. Capital contributions, c. Other applicable ownership interests including equipment. FR-l West Commercial St. Rehabilitation Project - Contract No. 2010-01 159 j SEGTION 14: CALTRANS· FEDERAL REQUIREMENTS FOR FEDERAL·AID CONTRUSTION PROJECTS 7. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their ~ities) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Name of Firm Name of Firm Signature Signature Name Name Title Title Date Date Financial decisions b. Management decisions, such as: i. ii. Estimating Marketing and sales Date State of iii. ------------------- Hiring and firing of management personnel County of iv. _ Purchasing of major items or supplies On this __ day of , 19 --.J before me appeared (Name) c. , to me personally known, Supervision of field operations who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of Note.-If, after filing this Schedule 8 and before the completion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either directly or through the prime contractor if the joint venture is a subcontractor. Affidavit firm) to execute the affidavit and did so as his or her free act and deed. Notary Public _ Commission expires _ [Seal] "The undersigned swear that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Date State of -------------------- County of On this _ _ day of appeared (Name) ______ ~, 19 --.J before me to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Revised 3-95 08-07-95 Notary Public Commission expires _ [Seal] FR-2 West Commercial St. Rehabilitation Project - Contract No. 2010-01 160