AGENDA
ITEM
12 PART ONE
CALEX:
AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
12 CITY COUNCIL
AGENDA STAFF REPORT
DATE: March 20, 2024
TO: Mayor and City Council
APPROVED BY: Esperanza Colo Warren, Gily Manage maCla Aken REVIEWED BY: Sandra L. Fonseca, Interim Finance Director C F PREPARED BY: Lilliana Falomir, Public Works Manager - Administrative Tel SUBJECT: Approval of Bid Documents for Cole Boulevard Between M.L. King Avenue and Bowker Road Rehabilitation Federal Project No. STBGL-5168(035) and Authorize the Public Works Department to Send the Project Out to Bid.
Recommendation:
Approval of Bid Documents for Cole Boulevard Between M.L. King Avenue and Bowker Road Rehabilitation Federal Project No. STBGL-5168(035) and Authorize the Public Works Department to Send the Project Out to Bid.
Background:
The City of Calexico Public Works Department received a grant from California Department of Transportation (Caltrans) for FY 2023-2024 in the amount of $3,160,779.00 ($1,414,000.00 - Federal Grant and $1,746,779.00 - Local Match) for Federal Project No. STPL-5168(035) Cole Boulevard between M. L. King Avenue & Bowker Road.
Discussion and Analysis:
West & Associates Engineering, Inc. (Contract Engineering Firm) has completed the plans and specifications for Cole Boulevard Between M.L. King Avenue and Bowker Road Rehabilitation Federal Project No. STBGL-5168(035), therefore City staff is recommending to begin advertising for the construction phase of said project.
The work shall be done in conformance with the Plans and Specifications for the Project. The Project includes the following major tasks:
1. Rehabilitation of the existing asphalt pavement with System 3 Overlay (ARHM-GG on ARAM over Leveling Course).
2. Removal and replacement of existing concrete improvements, including sidewalk, handicap ramp, curb and gutter, and driveways approaches.
3. Pavement marking and striping per CAMUTCD (crosswalk, legends, or words).
4. Adjustment of existing utility lids to grade.
Cole Boulevard Between M.L. King Avenue and Bowker Road Rehabilitation Federal Project No.
STBGL-5168(035) tentative schedule is as follows:
Description Date
Advertisement March 25, 2024
Bid Opening Date April 18, 2024 at 2:00p.m.
City Council Contract Approval May 1, 2024 at 6:30p.m.
It is staff recommendation that the City Council of the City of Calexico approve the Bid Documents and authorize staff to send this project out for public bidding.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2023-2024 Fund No. 233-91-916-56004-000 $1,500.00
Estimated Cost for Advertisement $1,500.00
Coordinated With:
City Manager's Office.
Public Works Department.
Office of the City Clerk.
Attachments):
Specifications for Cole Boulevard Between M.L. King Avenue and Bowker Road Rehabilitation Federal Project No. STBGL-5168(035)
Plans for Cole Boulevard Between M.L. King Avenue and Bowker Road Rehabilitation Federal Project No. STBGL-5168(035)
2 ATTACHMENT #1
CITY OF CALEXICO
CALEXICO
More Coldernia Cind Mexico Preci
Bid Documents and Specifications for:
COLE BOULEVARD
BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
Plans and Specifications Prepared by:
West & Associates Engineering, Inc
Paine
* *
Approved by: CIVIL
STATE OF CALFERLY
City Public Works Department
BID OPENING: April 18, 2024, at 2:00 p.m.
PUBLIC WORKS DEPARTMENT - 549 PIERCE AVENUE, CALEXICO, CA 92231 (760) 768-2160 www.calexico.ca.gov
TABLE OF CONTENTS
CITY FRONT-END DOCUMENTS
INVITATION FOR BIDS .. 3
BID REQUIREMENTS 10
GENERAL CONDITIONS.. 15
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQUIREMENTS). 44
BID PROPOSAL
BID PROPOSAL FORM... 63
ADDENDA ACKNOWLEDGEMENT 68
SUBCONTRACTORS LISTING... 69
REFERENCES 70
BID BOND 71
NONCOLLUSION AFFIDAVIT.. 72
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION 73
WORKMEN'S COMPENSATION INSURANCE CERTIFICATE 74
CERTIFICATION OF SITE EXAMINATION... 75
CONTRACTOR'S CERTIFICATION OF QUALIFICATION 76
PROPOSAL AGREEMENT 77
BID PROPOSAL CHECKLIST 78
AGREEMENT AND CONTRACT DOCUMENTS
CONSTRUCTION AGREEMENT... 80
CALTRANS EXHIBIT 12-G 89
FAITHFUL PERFORMANCE BOND 89
LABOR AND MATERIALS BOND. 90
WARRANTY BOND. 91
WORKMEN'S COMPENSATION INSURANCE CERTIFICATE.. 93
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION 94
DEBARMENT AND SUSPENSION CERTIFICATION. 95
DRUG/ALCHOHOL TESTING REQUIREMENTS .... 96
CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION.. 97 NOTICE OF AWARD 98
PREVAILING WAGE SCHEDULES... 100
SPECIFICATIONS
GENERAL PROVISIONS 103
TECHNICAL SPECIFICATIONS. 128
APPENDICES
CALTRANS FORMS 170
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -2-
TABLE OF CONTENTS
CITY OF CALEXICO
INVITATION FOR BIDS
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035)
INVITATION FOR BIDS
CITY OF CALEXICO
INVITATION FOR BIDS
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
1. General Information
PUBLIC NOTICE IS HEREBY GIVEN THAT the City of Calexico is inviting bids for the Cole Boulevard between M.L. King Ave. and Bowker Rd. Rehabilitation Project in the City of Calexico. The Project consist of the grinding of the existing asphalt pavement and overlaying with System 3 Overlay (ARHM-GG on ARAM over Leveling Course), removal and replacement of existing concrete sidewalk, handicap ramp, curb and gutter, and driveways approaches, placement of pavement markings and traffic striping per CAMUTCD (crosswalk, legends, or words), and adjustment of existing utility lids to grade. Figures 1 and 2, below, show the Project location and Project's key components.
CALEXICO
- PROJECT
AREA
E.COLE BI.VD.
ALL AMER
Ш
ANZA RD. 2ND 51
INITED STATE
ЛЕХІСО (BORDER
CITY MAP
N.T.S.
Figure 01: City Map
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035)
INVITATION FOR BIDS
PROJECT IMPERIAL
LIMITS \ VALLEY
E. COLE BEVD E COLE BEVD
BOWKER RD
MEADOW5 RD.
MPERIAL AVE
ALL AMERICAN CANAL
SAPPHIRE ST.
PERRY IMPERIAL BOWER RD:
VALLEY
E. BIRCH ST. 98)
PROJECT AREA MAP
N.T.S.
Figure 02: Project Limits
2. Scope of Work
The work shall be done in conformance with the Plans and Specifications for the Project. The Project includes the following major tasks:
1. Rehabilitation of the existing asphalt pavement with System 3 Overlay (ARHM-GG on ARAM over Leveling Course).
2. Removal and replacement of existing concrete improvements, including sidewalk, handicap ramp, curb and gutter, and driveways approaches.
• There are sections of gutter that do not have a proper drainage slope, consequently, the contractor's surveyor must survey these areas to provide a positive flow profile so the street can drain by gravity. These survey elevations must be submitted to the City Engineer for review and approval before replacement of curb and gutter.
3. Pavement marking and striping per CAMUTCD (crosswalk, legends, or words).
4. Adjustment of existing utility lids to grade.
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -5-
INVITATION FOR BIDS
3. Engineer's Cost Estimate
Bidders shall take notice hereto that the Engineer's Cost Estimate for the construction of the Base-Bid Work is two-million, six-hundred, and fifty-thousand dollars ($2,650,000).
4. Construction Schedule
The overall construction contract duration is sixty (60) working days from the Notice to Proceed.
Due to potential supply chain issues, Contractor shall provide submittals for review and approval by the Engineer within one (1) week of contract execution by the City. If it is determined that any items impact schedule completion, contractor to notify City immediately.
5. Pre-bid Meeting
A non-mandatory pre-bid meeting shall be held on Tuesday, April 9, 2024 at 10:00am. While the meeting is not mandatory, bidders are encouraged to participate in the meeting because it affords an opportunity to become more familiar with the scope of work for the Project, the Project's key areas, and other administrative and procedural requirements. To facilitate meeting participation, the meeting will be virtual through Zoom. Potential bidders can join the Zoom Meeting at:
XXXXXXXXXX
They can also participate by Telephone:
XXXXXXXXXX
6. Addenda
The correction of any discrepancies or omissions from the specifications or other contract documents or any interpretation thereof during the bidding period shall be made only by written addendum. A completed and signed Addenda Acknowledgement Form shall be included in the Bid Proposal.
7. Bidding Instructions, Project's Available Supporting Documents (a) SEALED PROPOSAL will be accepted at the Office of the City Clerk, City Hall, 608 Heber Avenue, Calexico, California until 2:00 p.m., on April 18, 2024 which time all proposals will be publicly opened and read aloud. LATE BIDS WILL NOT be accepted and will be considered unresponsive.
(b) Each bid shall be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid shall be enclosed in another envelope addressed as specified in the bid form.
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -6-
INVITATION FOR BIDS
(c) No bid shall be received unless it is made using the format specified in this Invitation to Bid and Technical Specifications. Each bid must be accompanied by a guaranty of cash, certified check, and cashier check or bidders' bond made payable to the City of Calexico for an amount equal to at least ten percent (10%) of the bid. Such guaranty to be forfeited should the bidder to whom the contract is awarded fails to enter the contract. All guaranties are to be returned after the contract is awarded.
(d) The bid may be considered incomplete and be disqualified if any of the items (or related attachments/forms) within the Bid Proposal are not provided. (e) The City of Calexico has a Disadvantaged Business Enterprise (DBE) goal of percent (_ %).
(f) This is a City Public Works Department project, which is exclusively being funded with State/Federal public funds. Accordingly, it is subject to prevailing wages laws and regulations. Pursuant to Labor Code §1773, the general prevailing wage rates in the county, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Calexico address and available from the California Department of Industrial Relations' Internet web at http://www.dir.ca.gov/DLSR/PWD. The applicable Federal minimum wage rates as predetermined by the United States Secretary of Labor are available at the City of Calexico Public Works Department. In addition, a copy may be examined at the offices described above where project plans, special provisions, and bid forms may be seen. Revisions to the applicable Federal Wage Rates, up to ten (10) days before bid opening, shall be identified by the issuance of an addendum with the corresponding Internet Website address of where the revisions can be found. The final contract documents signed by the City and the contractor shall include the Federal Wage Rates, or the Federal Wage Rates as revised by addendums, if any such addendums have been issued. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements in the Contract Documents. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -7-
INVITATION FOR BIDS
(g) The U.S. Department of Transportation ("DOT") provides a toll-free hotline service to report bid rigging activities. Bid rigging activities can be reported Monday through Friday, between 8:00 a.m. and 5:00 p.m., Eastern Standard Time at 800/424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report these activities. The hotline is part of DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.
(h) A bid will only be accepted from a Contractor who is licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended. In addition, the Contractor, sub-contractors, and suppliers shall also have a business license issued by the City prior to commencing work. Further, the successful bidder shall comply with all Imperial County orders regarding COVID-19. Bidders are advised to review the County's COVID-19 requirements. (i) Electronic version on the approved plans and specifications, geotechnical reports for the Project, groundwater quality results in the area of the Project, and photos/displays of certain Project areas may be obtained by visiting the City's website at:
https://www.calexico.ca.gov/bidsandrfps.
(i) Special attention of all prospective bidders is called to the Construction Schedule and the Bid Requirements and General Conditions Articles of this document for full directions as to bidding, etc.
(k) Pre-submittal inquires must be submitted to Lilliana Falomir, Public Works Manager - Administrative via email at [email protected] by 5:00 p.m. on April 11, 2024.
8. Bid Evaluation and Award of Construction Contract
(a) All bids are to be compared based on the Engineer's Cost Estimate for the Project and estimate of the quantities of work to be done.
(a) A summary of the bids along with a recommended bid may be presented to the City Council for its consideration of awarding the Project's construction contract at a Public Meeting, after the bids are received and evaluated, in the City Council Chambers, 608 Heber Avenue, Calexico, California.
(b) No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (c) The RFB, Plans, Specifications, Addendums, and any other Bid Documents can be found at City's website at https://www.calexico.ca.gov/bidsandrfps.
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -8-
INVITATION FOR BIDS
(d) If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, Contractor shall submit satisfactory, documentary proof that the person(s) executing said contract on the behalf of said corporation has authority to do so.
CITY'S RIGHT RESERVED: The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City.
Esperanza Colio Warren, City Manager
City of Calexico
- END OF INVITATION FOR BIDS -
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035)
INVITATION FOR BIDS
CITY OF CALEXICO
BID REQUIREMENTS
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
.....-
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -10-
BID REQUIREMENTS
CITY OF CALEXICO
BID REQUIREMENTS
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
1. Examination of Plans and Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated, and it shall be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed, and materials to be furnished; and as to the requirements of the specifications, special provisions, and the contract. It shall be mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. To the extent that any provision of the Technical Specifications for the Project conflict with the provisions of this section, the provision of this section shall govern over the provision of the Technical Specifications.
2. Proposal Form: All proposals must be made pursuant to the Bid Proposal form of this document. All proposals shall give the prices proposed both in writing and figures and shall be signed by the bidder with bidders' business address.
2.1 If the proposal is made by an individual, the individual's name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown.
2.2 If made by a corporation, the proposal must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer.
2.3 A certification by the legal representative of the firm must be included in the bid.
3. Rejection of Proposal Containing Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
4. The Proposal may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.
5. Omissions and Discrepancies: Should the bidder find discrepancies in or omissions on the drawings, or other contract documents or should the bidder be in doubt as to their meaning, the bidder should at once notify in writing the Public Works Department Manager, who may send a written instruction to all bidders.
6. Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -11-
BID REQUIREMENTS
of the contract documents. Every request for information shall be made in writing and addressed and forwarded to the Public Works Department Manager at:
Ms. Liliana Falomir, Public Works Department Manager
549 Pierce Avenue
Calexico, CA 92231
[email protected].
7. The City of Calexico reserves the right to reject any or all proposals.
8. Bidder's Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City of Calexico for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check or bidder's bond is enclosed therewith.
9. Return of Proposal Guaranty: Within ten (10) days after the award of the contract, the City Council will return the proposal guaranties accompanying the proposals, which are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
10. Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded.
No proposal shall be considered binding upon the City until the execution of the contract.
Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
11. Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers there-under.
12. Award of Contract: The award of the contract, if it is awarded, will be to the responsive and lowest responsible bidder whose proposal complies with all the requirements prescribed.
All bids are to be compared based on the Engineer's Cost Estimate for the Project and estimate of the quantities of work to be done. The award, if made, will be made within ninety (90) calendar days after the opening of the bid proposals.
13. Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the City designees, including the City Project Construction Manager.
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -12-
BID REQUIREMENTS
14. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the work shown on the Project's plans and specifications or established by the City, or any extra work done without written authority will be considered as unauthorized and will not be paid for.
15. The City reserves the right to pursue legal remedies upon failure on the part of the Contractor to comply with any City order made under these provisions, including failure to correct defective work, and/or withhold payment from any monies due or to become due to Contractor until defective work is corrected.
16. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the City will make the final inspection at the site.
17. Amount of Bonds: The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the contract price.
17.1 The bond for material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. Form of bond required may be examined at the office of the Public Works Department; copies will be furnished, if desired, to prospective bidders.
17.2 Payment and performance Bonds shall be executed by a California Admitted Surety insurer with a minimum Best's Insurance Guide rating of A+, Class VII.
17.3 Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient or the City Council has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
18. Compliance with Laws and Regulations: No proposal for work will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Chapter 9 of Division III, of the Business and Professions Code of the State of California, as amended.
The Contractor awarded the contract shall also submit the Contractor's Certification of Qualifications for License Classification contained in these contract documents along with the submission of the executed contract and acceptable sureties. All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws of the State of California and of the United States of America which COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -13-
BID REQUIREMENTS
relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.
19. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
20. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.
21. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
- END OF BID REQUIREMENTS -
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BID REOUIREMENTS
CITY OF CALEXICO
GENERAL CONDITIONS
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
NO DESCRIPTION PG NO DESCRIPTION PG
1 Definitions 16 31 28
2 Contract Documents 32 Monies may be ritained
17 28
Conflicting Terms 17 33 Unpaid Claims 28
4 Authority of the City 17 34 Additional Surety 28
5 Access to Work 18 35 Payroll Records; Labor Compliance 29 Lines of Grade 18 36 Prevailing Rates of Wages 30
7 Legal Address of Contractor 18 37 Public Works Contractor Registration 31 8 Contractor's Responsibilities 18 38 Employment of Apprentices 31 9 Contractor to Furnish Information 19 39 Samples and Tests 31 10 Examination of Work 19 40 Inspection 32
11 Plans and Drawings 20 41 Defective Work on Materials 32 12 Personal Attention 20 42 Use of Completed Portions 32 13 Protests 20 43 Property Right in Materials 33
14 Right-of-Way 20 44 Title to Materials Found in Work 33 15 Order of Work 21 45 Enforcement of Order 33
16 Working Hours 21 46 Patents and Copyrights 33
17 Assignment Forbidden 21 47 Laws and Regulations 33
18 Subletting 22 48 Sales and/or Use Taxes 34
19 Suspension of Contract 22 49 Indemnity Agreement 34
20 Suspension of Work, Extensions, Etc. 23 50 Insurance Requirements 36 Failure to Complete on Time & LD's 23 51 Trespass 40
22 Changes 24 52 Safety, Sanitary, and Medical Reqs. 40 23 Extra Work 24 Protection and Cleanup 40
24 Cost Breakdown 54 Labor Discrimination 40
25 Progress Estimates 26 55 Apprentices 41
26 Progress Estimates May be Withheld 26 56 Preconstruction Conference 41 27 Progress Payments 26 57 Subcontractor Listing 41
28 Final Estimate 27 58 Labor Compliance 42
29 Recovery of Damages 27 59 Termination for Convenience by City 42 30 Final Payment Terminates Liability 28
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REHABILITATION PROJECT NO. STBGL-5168(035) -15-
GENERAL CONDITIONS
GENERAL CONDITIONS
1. Definitions
1.1 The word "City" shall mean the City of Calexico, California, acting either directly or through properly authorized agents who act within the scope of the particular duties entrusted to them.
1.2 The word "Contractor" shall mean the party of the second part entering into the contract with the City for the pertormance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
1.3 The word "Construction Manager" shall mean the City of Calexico Construction Manager for this Project, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
1.4 The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the 2021 Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California Chapter of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517-0970.
1.5 Unless otherwise explicitly noted hereinafter, the words "day" or "days" shall mean a calendar day or calendar days, respectively. Please refer to General Condition 14.3 for the Project's regular working hours and days.
1.6 The "contract times" shall be the number of Calendar days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.
1.7 The term "plans and specifications" shall mean the Plans and Technical Specifications prepared by the Engineer and approved by the City for the Project.
1.8 The term "plans," unless it is an otherwise explicitly stated meaning, shall mean the "plans" prepared by the Engineer and approved by the City for the Project.
1.9 The term "specifications," unless it is an otherwise explicitly stated meaning, shall mean the "Specifications" prepared by the Engineer and approved by the City for the Project.
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2. Contract Documents
This Bid Document and Specifications, the Proposal, the City approved Plans and Specifications for the Project, and the Drawings, together with the construction Agreement, constitute the Contract. These Contract documents are complimentary, and what is called for in anyone shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at its sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely stipulated in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications.
3. Conflicting Terms
If an apparent conflict or inconsistency exists between the General Conditions herein and the Technical Specifications, the General Conditions herein shall control, unless clarified by the City through an RFI. For clarity of information, the order of precedence of Bid Documents for this Project shall be:
1. RFls/Change Orders (in Written Form)
2. Verbal Authorization by the Construction Manager/Inspector for urgent work during the course of the working day (i.e. for unforeseen and unsafe conditions)
3. The Supplementary General Conditions - State Requirements
4. These Front-End General Conditions
5. The Front-end Additional Work Specifications
6. The Technical Specifications/Plans for this Project
7. City Standards (General Technical Specifications)
8. Agency Standards (i.e. SSPWC "Greenbook" , etc.)
4. Authority of the City
The City shall:
• give all orders and directions contemplated under the contract; • determine the adequacy of the Contractor's methods, plans, and appurtenances; • determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for;
• determine all questions in relation to said work and the construction thereof; and • decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor.
If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to the City/Engineer in writing. Contractor shall not proceed COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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with the Work affected thereby (except in an emergency) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by the City, or by an amendment or supplement to the Contract.
5. Access to Work
The City's agents and representatives from the California Department of Water Resources and State Water Resources Control Board shall at all times and for any purposes have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefore.
6. Lines of Grade
The Contractor shall furnish labor and materials for conducting surveying and staking for this Project. The Contractor shall preserve all stakes and points set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Public Works Department Director. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.
7. Legal Address of Contractor
The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the City.
8. Contractor's Responsibilities
8.1 The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workmen, the quality of work required and the stipulated rate of progress.
8.2 The Contractor shall assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from its own negligence or that of its agents in the performance of the contract.
8.3 The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and the Contractor shall at its own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at its expense by the City.
8.4 During the progress of the work the Contractor shall keep the premises occupied by it in a neat and clean condition, and free from any unsightly accumulation of rubbish, unused material, concrete forms, and other equipment and materials belonging to it COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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or used under its direction during construction, and in the event of its failure to do so, the same may be removed by the City at the expense of the Contractor.
8.5 The City Construction Manager shall assist the Contractor to coordinate construction activities with the USGSA Construction Manager for the expansion of the Calexico West US Port of Entry to avoid to the extent practicable that Project construction activities from interfering with the above-cited expansion; and if avoidance is not practicable, minimize the interference.
8.6 Contractor shall maintain good housekeeping practices and observe Best Management Practices throughout the execution of the project.
8.7 The contractor shall make a special effort to control dust during the execution of work.
Dust shall be maintained to a minimum by regular applications of water as necessary.
It is the responsibility of the contractor to obtain all necessary permits and meet all requirements of the County of Imperial Air Pollution Control District. A copy of said permit shall be submitted to the City of Calexico Engineering Division.
8.8 The Contractor shall be in full compliance with CalOSHA requirements for construction work, including trench requirements.
9. Contractor to Furnish Information
9.1 Before proceeding with the erection or set up of any temporary structures, the Contractor shall furnish the City with information and drawings of all such structures as may be required.
9.2 Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
10. Examination of Work
10.1 Bidders shall examine the location, physical conditions, and surroundings of the area for proposed work and judge for themselves the nature of the excavations to be made and the work to be done..
10.2 The Contract documents for the work show conditions as they are supposed or believed by the City to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of its officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under its contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
11. Plans and Drawings
11.1 Any alteration affecting the requirements and information given on the City's approved Plans and Specifications for the Project shall be approved by the City in writing, before any work involving the alteration is performed.
11.2 It is mutually agreed, however, that approval by the City of the Contractor's working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform with the approved plans and specifications.
12. Personal Attention
The Contractor shall give its personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the City. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the City, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given.
13. Protests
If the Contractor considers any work demanded of it to be outside the requirements of the Contract, or if the Contractor considers any order or ruling of the City or of any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such order or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the order or ruling; but unless the Contractor finds such instructions or decision satisfactory, it shall, within ten (10) days after receipt of same, file a written protest with the City, stating clearly and in detail its objections and the reason therefore. Except for such grounds of protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protests or objections to the orders, ruling, instructions or decisions of the City, and hereby agrees that as to all matters not included in such protests the orders, instructions and decisions of the City shall be final and conclusive.
14. Right-of-Way
The right-of-way and encroachment permit(s) for the work to be constructed shall be provided by the City. The Contractor shall make its own arrangements and pay all expenses for additional area required by it outside of the limits of the right-of-way and encroachment permit(s), unless otherwise provided in the special conditions.
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15. Time and Order of Work
15.1 The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the City, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress it may, after such failure, be required to increase its progress at any point or points or to modify its plans and procedures in such manners and to such extent as the City may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the City of the time for the completion of the contract, as hereinatter provided a revised schedule of progress may be prescribed in accordance with such extension of time.
15.2 The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract.
16. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, which shall be as follows:
a. Working Hours: 7:00 am to 4:00 pm (assumes 1-hour lunch break) b. Working Days: Monday through Friday, except legal holidays Contractor shall not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld.
Additionally, the City shall consider exceptions and changes to this schedule for due cause, including anticipated high temperature during the summer months (May through September).
17. Assignment Forbidden
17.1 The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of its right, title or interest in or to the same or any part thereof, without the previous consent in writing of the City; and the Contractor shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner.
17.2 If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of its right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to its assignee or transferee.
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17.3 No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the City.
18. Subletting
The Contractor shall give its personal attention of the fulfillment of the contract and shall keep the work under its control. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City, the Contractor shall (1) corrective action as the circumstances warrant upon being notified by the City of the unsatisfactory work so that the work is prosecuted in a satisfactory manner; and (2) shall inform the City in writing about the corrective action taken within five (5) days of when the action was taken.
19. Suspension of Contract
19.1 If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of its creditors or be adjudicated a bankrupt, or if a receiver of its property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the City shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the City may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract.
19.2 When such written notice is served upon the Contractor as provided in Article 6, above., the Contractor shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the City. In any such case, the City may take charge of the work and complete it by a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of its work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor. These charges shall be deducted from such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by it, it shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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completed by the Contractor, the Contractor shall have no claim to the difference except to such extent as may be necessary, in the opinion of the City, to reimburse the Contractor or the Contractor's sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the City, shall be required, and all necessary estimates and appraisements shall be made by him.
19.3 When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this General Conditions, the Contractor shall continue the remainder of the work in conformity with the terms of its contract, and in such manner as in nowise to hinder or interfere with the persons or workmen employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this General Conditions.
20. Suspension of Work, Extension of Time, No Extra Compensation
20.1 The City shall have the authority to suspend the work wholly or in part, for such period as it may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work or for such time as the City may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the City. However, prior to taking such action, the City shall consider the Contractor's recommendations on the matter.
20.2 Applications for extension of time must be made promptly in writing, stating cause.
Applications for extension of time shall be addressed to the City.
20.3 Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract.
21. Failure to Complete on Time and Liquidated Damages
21.1 The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract.
21.2 It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City.
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21.3 The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the City in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and its findings of the facts thereon shall be final and conclusive.
22. Changes
22.1 If either the City or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the City may prescribe a modification of requirements of methods of work. For such purposes, the City shall considered the Contractor's recommendations on the matter to determine whether by written order make such changes as the City finds necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes or alterations render useless, any work already done or materials already furnished or used in the work, the City shall make reasonable allowance therefore, which action shall be binding upon both parties.
22.2 In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract, wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work.
22.3 The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the City.
23. Extra Work
23.1 If during the performance of the contract, it shall, in the opinion of the City, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the City are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing.
23.2 Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the City and the Contractor before the extra work shall be ordered.
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23.3 Whenever in the judgment of the City extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor (including foremen's wages), workmen's compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as amended, taxes paid to the Federal Government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment for the actual time it is used, all as determined by the City, plus fifteen percent (15%) to cover the following:
• Profit
General Expenses
All insurance except workmen's compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specifically mentioned under Subsection (c) herein
The City's determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the City shall be deemed the arbiter to determine the cost of such work.
23.4 If any work or materials be ordered under this General Conditions on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the City, written reports in prescribed form, showing all items that may enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the City in determining the true, necessary cost of the work and materials to be paid for.
23.5 Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.
24. Cost Breakdown
Within ten (10) days after commencing work, the Contractor shall submit, to the City a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the City to verify the fair value of the work for progress payments.
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GENERAL CONDITIONS
25. Progress Estimates
25.1 The City, shall on or about the fifth day of each calendar month, except as provided in General Conditions Article 22, above, make in writing and certify to the City Clerk an estimate such as in its opinion shall be just and fair, of the amount and value of the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate.
25.2 A deduction of five percent (5%) shall be made from the estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, and from the remainder there shall be further deducted any amounts due the City from the Contractor for supplies or materials furnished or services rendered and any other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.
25.3 Such progress estimates shall not be required to be made by strict measurement, but they may be made by measurement or by estimation, or partly by one method or partly by the other, and it shall be sufficient if they are approximate only.
25.4 Pursuant to California Public Contract Code Section 22300, the Contractor has the option of substituting securities for any money that is withheld under this General Conditions.
26. Progress Estimates May be Withheld
The progress estimates provided for in Item 27, below, may at any time be withheld or reduced if, in the opinion of the City, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay its labor and material bills as they become due.
27. Progress Payments
27.1 Refer to Technical Specifications, General Requirements, Construction Progress Documentation (Sec. 01 32 00), Item 3.5 regarding progress payments.
27.2 Upon each progress estimate being made and certified in writing, the City shall, within thirty (30) days after the date of such estimates, except as stipulated in Item 27.3 hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress estimated, any sum or sums which by the terms hereof, or of any law of the State of California, it is or may be COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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authorized or required to reserve or retain; and provided further, that no progress estimate or progress payment shall constitute an acceptance of the work or any portion thereof. The percentage deducted as above set forth shall become due and payable with and as a part of the final payment to be made as hereinafter provided.
27.3 In the event the contract or any part thereof shall be suspended as provided in Item 20, above, the retained percentage as provided in Item 23, above, shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work.
28. Final Estimate and Payment
28.1 Whenever in the opinion of the City the Contractor shall have completely performed the contract on its part, the City shall submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor shall be expected to submit its written approval of said proposed final quantities within seven (7) working days of receipt of the City statement, or in the event the Contractor disagrees with such written statement, shall within seven (7) working days file a written statement of all claims, which the Contractor intends to present.
28.2 Upon receipt from the Contractor of written approval of the final quantities or such written statement of its claims, the City shall make in writing and certify to the City Clerk an estimate in which the City shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Public Works Department Manager shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of forty-five (45) days after the filing of such notice of completion of the work, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract.
28.3 All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made there under shall be final and conclusive upon the Contractor.
29. Recovery of Damages
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of its failure to comply with the specifications.
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30. Final Payment Terminates Liability
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder, if any, of the amount kept or retained as provided in General Conditions Article 31, above.
31. No Personal Liability
No agent of the City shall be personally responsible for any liability arising under the contract.
No claims shall be made or filed and neither the City nor any of its agents shall be liable for or held to pay any money, except as specifically provided in the contract.
32. Monies May Be Retained
The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expense, losses or damages as determined by the City incurred by the City for which the Contractor is liable under the contract.
33. Unpaid Claims
If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within such claims of liens may be filed for the record as prescribed by Section 3179 of the Civil Code of the State of California, any person or persons claiming to have performed any labor or furnished any material, supplies or services toward the performance or completion of this contract, or that they have agreed to do so, shall file with the City a verified statement of such claim, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, together with a statement that the same has not been paid or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharges thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided that if the City shall in its discretion permit the Contractor to file such additional bonds as is authorized by Section 3196 of the Civil Code, in a penal sum equal to one and one-fourth (1-1/4) times the amount of said claim, said monies shall not thereafter be withheld on account of such claim.
34. Additional Surety
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the City is/or becomes insufficient, the City may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the City, within fifteen (15) days after notice and in default thereof the contract may be suspended and the work completed as provided in General Conditions Article 19 hereof.
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35. Payroll Records; Labor Compliance
35.1 Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract.
Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
35.2 In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations ("DIR") on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
35.3 Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
35.4 The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1. A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.
35.5 Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE.
35.6 Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.
35.7 In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.
35.8 The responsibility for compliance with this Article shall rest upon the Contractor.
36. Prevailing Rates of Wages
36.1 The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City's Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
36.2 The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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Contractor.
36.3 Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
37. Public Works Contractor Registration|
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
38. Employment of Apprentices
38.1 Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.
38.2 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
38.3 Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.
38.4 The responsibility for compliance with this Article shall rest upon the Contractor.
39. Samples and Tests
39.1 At the option of the City, the source of supply of each of the materials shall be approved by the City before delivery is started and before such material is used in the work.
Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the City.
39.2 All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests are prescribed in these specifications.
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39.3 The Contractor shall furnish such samples of materials as are requested by the City, without charge. No material shall be used until it has been approved by the City.
Samples will be secured and tested whenever necessary to determine the quality of material.
40. Inspection
40.1 City representatives and agents and agents from the California Department of Water Resources and State Water Resources Control Board shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.
40.2 Whenever the Contractor varies the period, which work is carried on each day, it shall give due notice to the City and City Construction Manager so that proper inspection may be provided. The inspection of the work shall not relieve the Contractor of any of its obligations to fulfill the contract as prescribed. Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City and accepted or estimated for payment.
41. Defective Work on Materials
41.1 If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the City, and the cost of any excess material furnished by the City shall be borne by the Contractor.
41.2 All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the City. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the City.
41.3 Upon failure on the part of the Contractor to comply with any order of the City made under the provisions of this article, the City shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.
42. Use of Completed Portions
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents.
43. Property Rights in Materials
Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil or after payment has been made for the value of unused material delivered to the site of the work as provided for in Section 23 hereof. All such materials attached or affixed or unused shall become the property of the City.
44. Title to Materials Found on the Work
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications.
45. Enforcement of Order
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall it permit or suffer the introduction or use of intoxicating liquors or narcotics upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
46. Patents and Copyrights
The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically stipulated in the contract.
47. Laws and Regulations
47.1 The Contractor shall keep itself fully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed on the work or the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or regulation, the Contractor shall forthwith report the same in writing to the City. The Contractor shall, at all times, observe and comply with and shall cause all its agents and employees to observe and comply with all such applicable laws, COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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ordinances and regulations in effect or which may become effective before completion of this contract. The Contractor shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by the Contractor itself or by its employees.
47.2 Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at its own expense, and it shall pay all taxes properly assessed against its equipment or property used or required in connection with the work.
47.3 All federal and state laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
48. Sales and/or Use Taxes
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
49. Indemnity Agreement
49.1 Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ('Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:
1. Dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;
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3. Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors.
4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-articles 1 through 4, above, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City.
49.2 The Contractor also agrees to indemnify City and pay for all damage or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections 1 through 5, above.
49.3 Contractor's obligations under this General Conditions Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
49.4 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this General Conditions Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this General Conditions Section.
49.5 Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this General Conditions Section.
49.6 This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other contract documents or Agreements. In the event of any claim or demand made against any party which is COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances or reasonable.
50. Insurance Requirements
50.1 Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this General Conditions Section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to the City.
50.2 Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
i. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following:
• Explosion, collapse or underground hazard (XCU)
• Products and completed operations
• Pollution liability
• Contractual liability
ii. Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project.
2. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 per occurrence and aggregate.
5. Course of Construction insurance shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions: (1) City shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the City.
50.3 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A- or better and minimum financial size VII.
50.4 Contractor and City further agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985.
Contractor also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise.
2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project contemplated by this agreement, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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shall be obtained regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to provide coverage for the vicarious liability of City, orto the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the projects) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way.
5. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect City's protection without City s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of the agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this General Conditions Section. Contractor agrees that upon COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverage required herein will likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
13. 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 the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. 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.
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19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
51. Trespass
The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor's employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor.
52. Safety, Sanitary, and Medical Requirements
The Contractor and its subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by Imperial County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded. In case such regulations and orders are not observed by the Contractor, they may be enforced by the City at the Contractor's expense.
53. Protection and Cleanup
The Contractor shall protect and care for all work until completion and acceptance thereof.
Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition.
54. Labor Discrimination
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation of such persons except as provided in Section 12940 of the California Government Code, and every contractor for Public Works violating Section 1735 of the California Labor Code is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code.
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55. Apprentices
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices.
56. Preconstruction Conference
Before the start of construction, the City shall arrange to meet with its agents and the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payments) to Contractors), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems.
57. Subcontracting Listing
57.1 Any person making a bid or offer to perform the work described in this contract shall in its bid or offer set forth:
1. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half (½) of one percent of the Contractors total bid.
2. The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in its bid.
57.2 No Contractor whose bid is accepted shall, without the consent of the City either:
1. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.
Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.
Sublet or subcontract any portion of the work in excess or one-half (½) of one percent of the Contractor's bid as to which its original bid did not designate a subcontractor.
57.3 Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity.
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REHABILITATION PROJECT NO. STBGL-5168(035) -41-
GENERAL CONDITIONS
58. Labor Compliance
After the City has awarded said project at pre-construction meeting, the City of Calexico Labor Compliance Officer shall present information at this conference regarding State labor law requirements applicable to contract, including prevailing wage requirements, respective record- keeping responsibilities, the requirements for submittal of certified payroll records to the City and the prohibition against discrimination in employment.
59. Termination for Convenience by the City:
59.1 The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest.
59.2 The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination.
59.3 After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1. Stop Work as specified in the Notice.
2. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
6. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as "Termination Costs occasioned by the City's Termination for Convenience." COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -42-
GENERAL CONDITIONS
59.4 Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.
59.5 In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:
1. All actual reimbursable costs incurred according to the provisions of this Contract.
2. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
3. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.
59.6 Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.
59.7 City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.
END OF GENERAL CONDITIONS
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REHABILITATION PROJECT NO. STBGL-5168(035) -43-
GENERAL CONDITIONS
CITY OF CALEXICO
SUPPLEMENTARY GENERAL CONDITIONS (CA STATE REQUIREMENTS) COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
CITY PROJECT NO. STBGL-5168(035)
NO DESCRIPTION PG
1 State Wage Determinations
Workers' Compensation 45
Apprentices on Public Works 45
4 Working Hours
Contractor Not Responsible for Damage Resulting from Certain Acts of God 46 Notice of Completion 46
7 Unpaid Claims 46
8 Concrete Forms, Falsework, and Shoring 47
9 Retainage from Monthly Payments 47
10 Public Works Contracts; Assignment to Awarding Body 47 11 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations 48 12 Cultural Resources 49
13 Protection of Workers in Trench Excavations 49
14 Travel and Subsistence Pay 49
15 Removal, Relocation, or Protection to Existing Utilities 50 16 Contractor License Requirements 50
17 Certain Claims 51
18 Prohibiting Work by Certain Contactors 52
19 Disadvantage Business Enterprise (DBE) 52
20 DBE Commitment Submittal 53
21 Good Faith Efforts Submittal 53
22 Subcontractor and DBE Records 54
23 Performance of Subcontractors
24 Prompt Progress Payment to Subcontractor:
25 Prompt Payment of Funds Withheld to Subcontractor
26 Federal Lobbying Restrictions
27 Buy America Requirements
28 Female and Minority Goals
29 Federal Trainee Program
30 Title VI Assurances 61
31 Bid Rigging 62
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REHABILITATION PROJECT NO. STBGL-5168(035) -44-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
SUPPLEMENTARY GENERAL CONDITIONS (STATE)
CALIFORNIA STATE REQUIREMENTS
Definitions
The word "City" shall mean the City of Calexico, California
1. State Wage Determinations:
a) As required by Sections 1770 and following, of California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the CITY, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site.
b) In accordance with Section 1775 of the California Labor Code, the CONTRACTOR shall, as a penalty to the CITY, forfeit not more than $50.00 for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by subcontractor under him or her.
2. Workers' Compensation:
a) In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to his employees. b) Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the CITY the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract."
c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the CITY, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers' compensation.
3. Apprentices on Public Works:
The CONTRACTOR shall comply with all applicable provisions of Section 1777.5 of the California Labor Code relating to employment of apprentices on public works.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
4. Working Hours:
The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay.
5. CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God:
As provided in Section 7105 of the California Public Contract Code, the CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the WORK which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the WORK damaged was built in accordance with accepted and applicable building standards and the plans and specification of the CITY. The CONTRACTOR shall obtain insurance to indemnify the CITY for any damage to the WORK caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the WORK. For purposes of this Section, the term "acts of God" shall include only the following occurrences or condition and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and tidal waves.
6. Notice of Completion:
In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the WORK by the CITY'S governing body, the CITY will file, in the County Recorder's office, a Notice of Completion of the WORK.
7. Unpaid Claims:
If, at any time prior to the expiration of the period for service of a stop notice, there is served upon the CITY a stop notice as provided in Sections 3179 and 3210 of the California Civil Code, the CITY shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or become due to the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the CONSTRUCTION MANAGER shall, in its discretion, permit CONTRACTOR to file with the CITY the bond referred to in Section 3196 of the Civil Code of the State of California, said monies shall not thereafter be withheld on account of such stop notice.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
8. Concrete Forms, Falsework, and Shoring:
The CONTRACTOR shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price name in the Contract for completion of the WORK as set forth in the Contract Documents.
9. Retainage from Monthly Payments:
Pursuant to Section 22300 of the California Public Contract Code, the CONTRACTOR may substitute securities for any money withheld by the CITY to insure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a state or federally chartered bank as the escrow agent, who shall return such securities to the CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the CITY which provides that no portion of the securities shall be paid to the CONTRACTOR until the CITY has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The CITY will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the CITY of a Notice of Completion. Securities eligible for investment under Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the CITY.
10. Public Works Contracts; Assignment to Awarding Body:
In accordance with Section 7103 of the California Public Contract Code (A.B. 3416), the CONTRACTOR and Subcontractors shall conform to the following requirements. In entering a public works contract or a subcontract to supply goods, services, or materials pursuant to public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations:
a) In accordance with Section 1776 of the California Labor Code each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.
CONTRACTOR on the following basis:
1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in Paragraph 11.1 shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3) A certified copy of all payroll records enumerated in Paragraph 11.1 shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Paragraph K.1(b) the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the CONTRACTOR.
b) Each contractor shall file a certified copy of the records, enumerated in Paragraph 11.1 with the entity that requested the records within 10 days after receipt of a written request.
c) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the CONTRACTOR awarded the contract or performing the contract shall not be marked or obliterated d) The CONTRACTOR shall inform the body awarding the contract of the location of the records enumerated under Paragraph K.1 including the street address, city and county, and shall, within 5 working days, provide a notice of change of location and address.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
e) In the event of noncompliance with the requirements of this Section, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this Section. Should noncompliance still be evident after the 10-day period, the CONTRACTOR shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
12. Cultural Resources:
The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under Section 01560, "Temporary Environmental Controls" of the General Requirements.
13. Protection of Workers in Trench Excavations:
As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 5 feet or more in depth, the CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by the CITY, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of the Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the CONTRACTOR, and all costs therefore shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the CITY, the CONSTRUCTION MANAGER, the DESIGN CONSULTANT or any of their officers, agents, representatives, or employees.
14. Travel and Subsistence Pay:
a) As required by Section 1773.1 of the California Labor Code, the CONTRACTOR shall pay travel and subsistence payments to each workman needed to execute the WORK, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
b) To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids.
15. Removal, Relocation, or Protection to Existing Utilities:
a) In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.
b) The CONTRACTOR shall be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the city of the utility to provide for removal or relocation of such utility facilities. c) Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunklines in the plans and specifications.
.......
d) If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
e) The public utility, where they are the city, shall have the sole discretion to perform such repairs or relocation work or permit the CONTRACTOR to do such repairs or relocation work at a reasonable price.
16. Contractor License Requirements:
In accordance with Section 7028.15 of the California Business and Professions Code, a licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -50-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
appears clearly on the bid, and the license expiration date is stated. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.
17. Certain Claims:
a) Notwithstanding the foregoing, any demand of $375,000 or less, by the CONTRACTOR for a time extension; payment of money or damages arising from the work done by or on behalf of the CONTRACTOR pursuant to this contract; or payment of an amount which is disputed by the CITY shall be processed in accordance with the provisions of Public Contracts Code Section 20104 et seq.
b) A single written claim shall be filed under this section prior to this date of final payment for all demands arising out of the contract.
c) Within thirty (30) days of the receipt of the claim, the CITY may request additional documentation supporting the claim or relating to defenses or claim the CITY may have against the CONTRACTOR. If the amount of the claim is less than $50,000, the CONTRACTOR shall respond to the request for additional information within fifteen (15) days after the receipt of the request. The CONTRACTOR shall respond to the request within thirty (30) days of receipt if the amount of the claim exceeds $50,000 but is less than $375,000.
d) Unless further documentation is requested, the CITY shall respond to the claim within forty-five (45) days if the amount of the claim is less than $50,000 or sixty (60) days if the amount of the claim • is more than $50,000 but less than $375,000. If further documentation is requested, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond or fifteen (15) days, whichever is greater, after receipt of further information if the claim is less than $50,000. If the claim is more than $50,000 but less than $375,000 and further documentation is requested by the CITY, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond or thirty (3) days, whichever is greater.
e) If the CONTRACTOR disputes the CITY's response, or the CITY fails to respond, the CONTRACTOR may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the CITY within fifteen (15) days after the deadline of the CITY to respond or within fifteen (15) days of the CITY's response, whichever occurs first. The CITY shall schedule the meet and confer conference within thirty (30) days of the request.
f) If the meet and confer conference does not produce a satisfactory request, the CONTRACTOR may pursue remedies authorized by law.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
18. Prohibiting Work by Certain Contactors:
Pursuant to the provisions in Section 1777.1 and 1777.7 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html
19. Disadvantage Business Enterprise (DBE)
The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).
To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the Agency specifies a goal for Disadvantaged Business Enterprises (DBEs). DBE is a firm that meets the definition of DBE.
Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
Meet the DBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith efforts to meet this goal.
It is your responsibility to verify that the 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.gov/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:
1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
2. 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 a regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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.
20. DBE Commitment Submittal
Submit DBE information on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G 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 finds your bid nonresponsive.
21. 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.
Good faith efforts documentation must include the following information and supporting documents, as necessary:
1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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.
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.
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.
7. 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. 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 goal.
22. Subcontractor and DBE Records
Use each DBE subcontractor as listed on the List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, forms 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 Maintain records including:
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
1. Name and business address of each 1st-tier subcontractor
2. 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. 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 a Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors, Exhibit 17-F, form. Submit it within 90 days of contract acceptance. The Agency withholds $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
23. Performance of Subcontractors
DBEs must perform work or supply materials as listed in the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, 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:
1. 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.
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 COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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. 1 or more of the reasons listed in the preceding paragraph
2. Notices from you to the DBE regarding the request
3. Notices from the DEs to you regarding the request
If a listed DBE is terminated, 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 Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, form unless it is performed or supplied by the listed DBE or an authorized substitute.
24. Prompt Progress Payment to Subcontractors
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval.
Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
25. 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 COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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.
26. Federal Lobbying Restrictions
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower-tier sub-recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Bid book. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Bid book.
Signing the Bid book shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or
(3) A change in the officers), employees(s), or members) contacted to influence or attempt to influence a covered Federal Action.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
27. Buy America Requirements
Attention is directed to the "Buy America" requirements of the Title 23 United States Code, Section 313 and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements.
A Certificate of Compliance, conforming to the provisions in Section 6 1.07, Certificates of Compliance, of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.
28. Female and Minority Goals
The following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Goal
Economic Area
(Percent)
CA San Diego 16.9
181 Non-SMSA Counties
CA Imperial 18.2
For the last full week July during which work is performed under the contract, you and each non- material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15th.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
29. Federal Trainee Program
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor.
Include these training requirements in your subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area
Before starting work, submit to the City of Calexico:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City of Calexico of approval for this submitted information before you start work. The City of Calexico credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman.
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions.
In your training program, establish the minimum length and training type for each classification.
The City of Calexico and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the your equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
Obtain the State's approval for your training program before you start work involving the classification covered by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions.
Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City of Calexico of reimburses you 80 cents per hour of training given an employee on this contract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following:
• Contribute to the cost of the training
• Provide the instruction to the apprentice or trainee
• Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee:
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
1. Copy of the program you will comply with in providing the training
2. Certification showing the type and length of training satisfactorily completed
30. Title VI Assurances
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
(
1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
(b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
31. 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.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
CITY OF CALEXICO
BID PROPOSAL
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REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
BID PROPOSAL FORM
ADDENDA ACKNOWLEDGEMENT
SUBCONTRACTORS LISTING
REFERENCES
BID BOND
NON-COLLUSION AFFIDAVIT
EQUAL OPPORTUNITY CERTIFCATION
WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
CERTIFICATION OF SITE EXAMINATION
CONTRACTOR'S CERTIFICATION OF QUALIFICATION (OF LICENSE)
PROPOSAL AGREEMENT
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REHABILITATION PROJECT NO. STBGL-5168(035) -63-
BID PROPOSAL
CITY OF CALEXICO
BID PROPOSAL FORM
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
SIGNATORY STATEMENT
Name of Bidder:
The undersigned hereby declares that it has carefully examined the location of the proposed work and that it has examined the Plans and Specifications, including the Bid Requirements, and hereby proposes to furnish all equipment, labor, and material (except owner-furnished materials), and to do all work required to complete the work shown in the Plans and described in the Specifications, within contract duration allocated, and at the unit prices set forth in the Bid Proposal.
The Bidder shall provide the unit and total prices for each of the bid items listed in the following Bid Schedule. Failure to provide prices for each bid item shall render the bid non-responsive. The sum of the total prices for each bid item shall be equal to the Total Base Bid Amount, and shown in both numeric and in written words format.
Bidder understands that these quantities are estimates only and are given solely for the purpose of facilitating the comparison of Bids, and that the Contractor's compensation will be computed on the basis of the actual quantities in the completed Work.
Bidder shall certify that all contents of the Bid Proposal are submitted and shall sign the Bid Proposal Checklist.
CONSTRUCTION CONTRACT AWARD
All bids are to be compared based on the Engineer's Cost Estimate for the Project and estimate of the quantities of work to be done. If awarded, the City shall award the construction contract to the responsive and lowest responsible bidder. City reserves the right to reject any and all bids.
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BID PROPOSAL FORM
CITY OF CALEXICO
BID PROPOSAL FORM (CONT.)
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
BASE BID SCHEDULE
Item Description Qty Unit Unit Price Total Price
Mobilization & Demobilization
1 (Not to Exceed 5% of Total Bid) 1
2 Traffic Control 1 LS
1-inch Full-Width Cold Milling 525,000 SF
3/4" Min. Leveling Course
4 525,000 SF
(Including Crack Cleaning and Filling)
5 Asphalt-Rubber Aggregate Membrane (ARAM) 58,000 SY
1.5" Asphalt Rubberized Hot Mix, Gap-Graded
6 4,950 TON
(ARHM GG-C)
7 Replace/Construct Concrete Driveway Approach 40 SF
Remove & Replace Existing AC/Concrete and
8 12 EA
Construct PCC Concrete Ramp
9 Double Adjustment Manholes (to Grade) 13 EA
10 Double Adjustment Valves (to Grade) 14 EA
11 Surveying 1 LS
12 Curb & Gutter 100 LF
13 Concrete Sidewalk 800 SF
14 Traffic and Crosswalk Striping 1 LS
(Including Raised Markers)
TOTAL
GRAND TOTAL BID ($):
GRAND TOTAL BID PRICE WRITTEN IN WORDS:
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BID PROPOSAL FORM
CITY OF CALEXICO
BID PROPOSAL FORM (CONT.)
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
ALTERNATE BID SCHEDULE
Item Description Qty Unit Unit Price Total Price
Additional Curb & Gutter for Flowline Improvements LF
IA (Contingent on Survey and Approval by City) 500
2A | AC Berm Replacement/Construction 500 LF
i (North Side of Cole Blvd.)
TOTAL
GRAND TOTAL ALTERNATE BID ($):
GRAND TOTAL ALTERNATE BID PRICE WRITTEN IN WORDS: _
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REHABILITATION PROJECT NO. STBGL-5168(035) -66-
BID PROPOSAL FORM
The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Engineer. All bids will be compared on the basis of the Engineer's estimated quantities of work to be performed.
The BIDDER agrees that the City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract and pay the Contractor at the bid unit prices so long as the total amount of change does not exceed twenty-five percent (25%) plus or minus of the total bid amount equal. If the change exceeds twenty-five percent (25%) a change order may be negotiated to adjust unit bid prices. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures.
The bid prices shall include any and all costs, including labor, materials, and all other incidental costs to complete the Work, in compliance with the Bid and Contract Documents and applicable standards. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and Contract Documents and applicable standards shall be included in the various bid item prices and in the Total Lump Sum Bid Amount. BIDDER understands that a bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
COMPANY TELEPHONE
BIDDER'S SIGNATURE
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REHABILITATION PROJECT NO. STBGL-5168(035) -67-
BID PROPOSAL FORM
ADDENDA ACKNOWLEDGEMENT
1.00 - The undersigned hereby acknowledges the receipt of the following addendum:
None ; No. 1 _; No. 2_ ; No. 3_ _; No. 4 _ No. 5_
(Place initials above all appropriate numbers)
2.00 - The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.
3.00 - The undersigned hereby accepts on the behalf of its firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 - The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm:
Address of firm:
Telephone ( ) Fax Number: ( )
Number:
Contractor's License Number: Type:
Signed: Date:
- END OF PROPOSAL/BID FORM -
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REHABILITATION PROJECT NO. STBGL-5168(035) -68-
ADDENDA ACKNOWLEDGEMENT
SUBCONTRACTORS LISTING
As required by Section 4100 of the Public Contract Code of the State of California, Contractor shall comply with the "Subletting and Subcontracting Fair Practices Act" of the State of California, and shall list all subcontractors required to be listed thereby.
PORTION OF WORK/ NAME DIR ADDRESS/TELEPHONE No.
($) AMOUNT OF WORK NUMBER
* • No subcontractor will be used for this project.
Date Contractor's Name
Contractor's Signature
Title
*Indicate X if no subcontractor will be used.
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REHABILITATION PROJECT NO. STBGL-5168(035) -69-
SUBCONTRACTORS LISTING
REFERENCES
The City of Calexico is interested in obtaining bids from the most qualified and capable contractors with a proven track record able to perform work. Any and all references required to be provided by the bid Specifications must be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included.
The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work.
1. Name and address of the owner
Name and telephone number of person with the project
Contract amount Type of work Date Completed
2. Name and address of the owner
Name and telephone number of person with the project
Contract amount Type of work Date Completed
3. Name and address of the owner
Name and telephone number of person with the project
Contract amount Type of work Date Completed
- END OF REFERENCES -
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REFERENCES
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT _ hereinafter called Principal, and
Hereinafter called the Surety, are jointly and severely held and firmly bound unto the CITY OF CALEXICO hereinafter called Owner, in the penal sum of ten percent (10%) of the Bid of Principal for the Works of . This sum not to exceed
Dollars (S ) lawful money of the United States
of America, for the payment whereof unto Owner, Principal and Surety jointly and severely bind themselves forever firmly by these presents, except said penal sum shall not exceed ten percent (10%) of the amount Bid by Principal for Work which is awarded to Principal by the Owner.
WHEREAS, Principal is herewith submitting a bid for the work entitled "Cole Boulevard between M.L. King Ave. and Bowker Rd."
NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within the time specified in the bid enters into, executes and delivers to owner an agreement in the form provided herewith, and if Principal within the time specified in the Bid gives to the owner the performance bond and the payment bond on the forms provided herewith, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute and deliver to owner said agreement in the time stated in the bid or should fail or refuse to furnish Performance Bond and Payment Bond in the time stated in the bid, then Principal and Surety shall forfeit to Owner the penal sum hereof.
AND, IT IS HEREBY DECLARED AND AGREED that Surety shall be liable under this obligation as Principal, and that nothing of any kind of nature whatsoever that will not discharge, Principal shall operate as a release of liability of Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and sealed this day of 2024
BY:
BY:
Insurance companies A.M. Best Company identifying
number:
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BID BOND
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California)
County of Imperial)
→ being first duly sworn, deposes and says that he or she is of _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 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; and 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.
Date:
Contractor's Name
Contractor's Signature
Title
- END OF NONCOLLUSION AFFIDAVIT -
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REHABILITATION PROJECT NO. STBGL-5168(035) -72-
NON-COLLUSION AFFIDAVIT
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_
proposed subcontractor hereby
certifies that it has _ has not, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, it has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
Date:
Contractor's Name
Contractor's Signature
Title
- END OF EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION -
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REHABILITATION PROJECT NO. STBGL-5168(035) -73-
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Date Contractor's Name
Contractor's Signature
Title
ATTEST:
Signature
Title
- END OF WORKMEN'S COMPENSATION INSURANCE CERTIFICATE - COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -74-
WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
CERTIFICATION OF SITE EXAMINATION
SITE VISIT IS NOT REQUIRED FOR BID: *
SITE VISIT IS REQUIRED FOR BID: • (READ AND SIGN BELOW) Each bidder shall be fully informed of the conditions relating to the construction of the work and the employment of labor thereon. Failure to do so will not relieve Contractor of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents.
Each bidder shall examine the site for the work described herein..
This is to certify that I have examined the site and the bid is complete and there will be no additional payment for failure to examine the site thoroughly.
Date of Site Examination Bidder
Printed Name of Bidder Representative
Signature of Representative
Date
- END OF CERTIFICATION OF EXAMINATION -
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -75-
CERTIFICATION OF SITE EXAMINATION
CONTRACTOR'S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, 1 hereby certify that 1 am, or my responsible managing employee (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner (insert name), or responsible
managing employee (insert name), is
qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer (insert name), or a responsible
managing employee (insert name), is
qualified for the license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the General Services Director in writing of such change, including the name, license number and status of the individual.
For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED:_ CONTRACTOR:
SIGNATURE: TITLE:
ATTEST:
SIGNATURE BY:_
TITLE:
- END OF CONTRACTOR'S CERTIFICATION OF QUALIFICATION -
FOR LICENSE CLASSIFICATION
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REHABILITATION PROJECT NO. STBGL-5168(035) -76-
CERTIFICATION OF QUALIFICATION (FOR LICENSE)
PROPOSAL AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of Calexico, California.
The certified or cashier's check, cash deposit or bid bond accompanying this proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.
The undersigned is licensed in accordance with the Laws of the State of California.
License Number: Class:
Company
Business Address
Telephone Number
Fax Number
Signature Bidder Date
- END OF PROPOSAL AGREEMENT -
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -77-
PROPOSAL AGREEMENT
BID PROPOSAL CHECKLIST
The following documents are hereby transmitted with the Bid Proposal ITEM
DESCRIPTION CHECK
NO.
Bid Proposal Form
Addenda Acknowledgement
3 Subcontractor's Listing
4 References
5 Bid Bond
6 Non-Collusion Affidavit
7 Equal Opportunity Certification
8 Workmen's Compensation Insurance Certificate
9 Certification of Site Examination L
10 Contractor's Certification of Qualification (for License Classification) L 11 Proposal Agreement
By
Bidder's Name
Signature
Printed Name/Title
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REHABILITATION PROJECT NO. STBGL-5168(035) -78-
BID PROPOSAL CHECKLIST
CITY OF CALEXICO
CONSTRUCTION AGREEMENT
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -79-
CONSTRUCTION AGREEMENT
CONSTRUCTION AGREEMENT
CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this _day of - 2024, by and between the City of Calexico, a Municipal Corporation of the State of California ("CITY") and ('Contractor"). The City and the CONTRACTOR for
consideration stated herein agree as follows:
1. Description of Project
CONTRACTOR shall provide for the construction in accordance with the Bid Documents and approved plans and Technical Specifications for the Project.
2. Description of Work
The work shall be done in conformance with the Plans and Specifications for the Project. The Project includes the following major tasks:
1. Rehabilitation of the existing asphalt pavement with System 3 Overlay (ARHM-GG on ARAM over Leveling Course).
2. Removal and replacement of existing concrete improvements, including sidewalk, handicap ramp, curb and gutter, and driveways approaches.
• There are sections of gutter that do not have a proper drainage slope, consequently, the contractor's surveyor must survey these areas to provide a positive flow profile so the street can drain by gravity. These survey elevations must be submitted to the City Engineer for review and approval before replacement of curb and gutter.
3. Pavement marking and striping per CAMUTC (crosswalk, legends, or words).
4. Adjustment of existing utility lids to grade.
CONTRACTOR shall furnish all of the labor, tools, equipment, and services required to perform all of the work in connection with the construction of "Cole Boulevard between M.L. King Ave. and Bowker Rd." in accordance with the invitation for Bids, incorporated by reference as though fully set herein. Said construction shall be in accordance with CITY approved plans and specifications prepared by the Engineer, and applicable state prevailing wages laws and regulations. Said invitation for bids, plans and specifications, are prevailing wages laws and regulations are as fully a part of the Agreement as if hereto attached or herein repeated.
3. Time for Completion
The work shall be commenced on the date stated in Notice to Proceed is issued for the Project, and shall be completed within the allotted working days after the date stated in such Notice.
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CONSTRUCTION AGREEMENT
4. Compensation
1.1 CITY shall pay the CONTRACTOR for the performance of this Agreement according to the terms and conditions contained in the Project's Invitation for Bids and Proposal or bid submittal by CONTRACTOR. CONTRACTOR shall take full payment in accordance with the following item prices incorporated as part of the proposal or bid submitted by CONTRACTOR.
1.2 CONTRACTOR agrees to receive and accept said compensation as full payment for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by CITY and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work in the manner and according to the plans and specification, and the requirements of the CITY Engineer. This provision in no way limits the CONTRACTOR's duties under other provisions herein.
5. Industry Standards
The CONTRACTOR agrees that is performance, and that of its employees or subcontractors, under this Agreement shall be performed in accordance with the standards customarily adhered'to by an experienced and competent contractor using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field in the State of California. Where approval by the CITY, the CITY Manager, or other representatives of the CITY is required, it is understood to be general approval only and does not relieve the CONTRACTOR of responsibility for complying with all applicable laws, codes and quality construction and business practices
6. Insurance
6.1 The CONTRACTOR shall not begin performing under this Agreement until it has: (a) obtained insurance certificates reflecting evidence of all insurance required herein; however, the CITY reserves the right to request, and the CONTRACTOR shall submit, copies of any policy upon reasonable request by the CITY; (b) obtained CITY approval of each company or companies as required herein; and (c) confirmed that all policies contain the specific provisions required herein. Further the CONTRACTOR shall not modify any policy or endorsement thereto which increases the CITY'S exposure to loss for the duration of this Agreement.
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REHABILITATION PROJECT NO. STBGL-5168(035) -81-
CONSTRUCTION AGREEMENT
6.2 Types of Insurance
At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:
1. Commercial General Liability
For all of the CONTRACTOR's operations, including contractual, broad form property damage, completed operations, and independent CONTRACTOR'S liability, the CONTRACTOR shall keep in full force and effect, during any and all work on this Project, all applicable insurance to cover personal injury, bodily injury and property damage, providing coverage to a combined single limit of $1,000,000 per occurrence, subject to an annual aggregate of $2,000,000 for general liability, completed operations and personal injury other than bodily injury. Agreementual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. Agreementual liability limitation endorsement is not acceptable.
2. Commercial Automobile Liability
For all the CONTRACTOR's automobiles including owned, hired and non-owned automobiles, the CONTRACTOR shall keep in full force and effect, automobile insurance for bodily injury and property damage providing coverage to a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile [any auto]. The CITY shall be named as an additional insured, but only for liability arising out of the use of CONTRACTOR's automobiles and only arising out of the performance of this Agreement.
3. Worker's Compensation
For all of the CONTRACTOR's employees who are subject to this Agreement and to the extent required by the State of California, the CONTRACTOR shall keep in full force and effect, a workers compensation policy. That policy shall provide a minimum of $1,000,000 of employees liability coverage and the CONTRACTOR shall provide and endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
6.3 Rating Requirements
All bonds used to guarantee work and performance under this Agreement and all insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been at least and "A" or "A." and "V" rating by AM BEST, that are licensed and approved by the State to do business in the State of California, and that have been approved by the CITY.
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REHABILITATION PROJECT NO. STBGL-5168(035) -82-
CONSTRUCTION AGREEMENT
6.4 Deductibles
All deductibles on any policy shall be the responsibility of the CONTRACTOR.
6.5 Specific Provisions Required
Each policy required under Section 6 herein, shall expressly provide, and an endorsement shall be submitted to the City, that:
1. Except as to Workers Compensation, the City of Calexico and its respective elected officials, officers, employees, agents, and' representatives shall be named as additional insureds. The CITY's Additional Insured status must be reflected on additional insured endorsement which shall be submitted to the CITY.
2. The policies are primary and any insurance that may be carried by the CITY is non- contributing, as reflected in an endorsement which shall be submitted to the CITY.
3. The policies cannot be canceled, non-renewed or materially changed except after thirty calendar days prior written notice by the CONTRACTOR to the CITY by certified mail, as reflected in an endorsement which shall be submitted to the CITY except for non-payment of premium, in which case ten (10) days notice will be provided.
4. Before performing under this Agreement, the CONTRACTOR shall provide the CITY with all Certificates of Insurance accompanied with all endorsements.
5. The CONTRACTOR may obtain additional insurance not required by this Agreement.
7. Agreement or Compliance with Labor Code
CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Agreement.
8. Control of Agreement
The improvement contemplated in the performance of this contract is a project over which the City of Calexico shall exercise general supervision. The CITY therefore shall have the right to assume full and direct control over this contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the State of California so requires.
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REHABILITATION PROJECT NO. STBGL-5168(035) -83-
CONSTRUCTION AGREEMENT
9. Conflicting Terms
If an apparent conflict or inconsistency exists between the main body of this Agreement and the bid, proposal or other incorporated document, the main body of this Agreement shall control. If a conflict exists between applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirements shall control.
Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
10. Indemnification and Hold Harmless Agreement
10.1 With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees (for attorney of CITY's choosing), or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the CONTRACTOR, or the CONTRACTOR's employees, agents, and officers, arising out of any services performed involving this project, the CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the CITY, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the CITY, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the CONTRACTOR, its employees, agents or officers, or any third party. The CONTRACTOR's duty to defend, indemnity, protect and hold harmless shall not include any claims or liabilities arising from the soles negligence or sole willful misconduct of the CITY, its agent, officers or employees. This section in no way alters, affects or modifies any of CONTRACTOR's other obligations and duties herein.
10.2 The CONTRACTOR agrees to pay any and all costs the CITY incurs enforcing the indemnity and defense provisions herein.
11. Notices
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the parties herein shall be addressed as follows:
CITY CONTRACTOR:
City of Calexico
Public Works Department
608 Heber Avenue
Calexico, CA 92231
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REHABILITATION PROJECT NO. STBGL-5168(035) -84-
CONSTRUCTION AGREEMENT
12. Non-Assignment
The CONTRACTOR shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the CITY's prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the CITY.
In no event shall any putative assignment create a contractual relationship between the CITY and any putative assignee.
13. Independent Contractors
The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents of the CITY.
14. Compliance with Controlling Law
14.1 The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state and local governments applicable to this Agreement, including California Labor Code section 1720 relating to the payment of prevailing wages, including inspection and land surveying work. In addition, the CONTRACTOR shall comply immediately with all directives issues by the CITY or its authorized representatives under authority of any laws, statures, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.
14.2 Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the CITY has ascertained that the CONTRACTOR shall be responsible for paying prevailing wages as established by the State of California, Director of Industrial Relations. Under Section 1776 of the State Labor Code, the CONTRACTOR, and all subcontractors, are required to keep accurate payroll records. This Section specifies the content thereof, inspection and duplication procedures, and certain notices required of the CONTRACTOR pertaining to their location.
14.3 Whenever the CONTRACTOR or any representative, agent or employee Of CONTRACTOR performing a public works project is found by the Department of Industrial Relations ("DIR") or the CITY to be in violation of the prevailing wage requirements imposed by law, the CONTRACTOR shall indemnify and hold CITY harmless from any and all liability arising from such violation, including any and all liability imposed on the City. The CONTRACTOR's duty to indemnify the CITY pursuant to this section shall include any and all costs and expenses incurred by the CITY therefrom, including but not limited to any penalties imposed on the CITY by DIR or any other state agency and reasonable attorney's fees.
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REHABILITATION PROJECT NO. STBGL-5168(035) -85-
CONSTRUCTION AGREEMENT
14.4 Nothing in this section shall be construed to limit, alter or amend the CONTRACTOR's duty to indemnify under any other provisions of this Agreement.
15. Jurisdiction and Venue
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of the Imperial, State of California.
16. Integration
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to both Parties. All prior negotiations and agreements are merged into this Agreement.
17. Counterparts
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page.
18. No Waiver
No failure of either the CITY or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
19. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.
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REHABILITATION PROJECT NO. STBGL-5168(035) -86-
CONSTRUCTION AGREEMENT
IN WITNESS WHEREOF, the parties hereto through their agent duly authorized, have executed this Agreement as of the day and year first above written.
ATTEST:
Veronica L. Alvarado Esperanza Colio Warren
City Clerk of the City of Calexico City Manager of the City of Calexico
CONTRACTOR
By:_
Signature Date
Printed Name and Title
Licensed in accordance with an act
Providing for the registration of contractors,
License No.
APPROVED AS TO FORM AND EXECUTION
Carlos Campos Date
City Attorney
- END OF AGREEMENT -
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT NO. STBGL-5168(035) -87-
CONSTRUCTION AGREEMENT
CITY OF CALEXICO
CONTRACT AGREEMENT DOCUMENTS
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STBGL-5168(035)
CALTRANS EXHIBIT 12-G
FAITHFUL PERFORMANCE BOND
LABOR AND MATERIAL BOND
WARRANTY BOND
WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
DEBARMENT AND SUSPENSION CERTIFICATION
DEBARMENT AND SUSPENSION CERTIFICATION
DRUG/ALCHOHOL TESTING REQUIREMENTS
CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
NOTICE OF AWARD
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REHABILITATION PROJECT NO. STBGL-5168(035) -88-
CONTRACT AGREEMENT DOCUMENTS
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) - ..2
A. Nondiscrimination Statement......... ..3
B. Contract Assurance............ ...3
C. Prompt Progress Payment...... ...3
D. Prompt Payment of Withheld Funds to Subcontractors ..... ..3 E. Termination and Replacement of DBE Subcontractors. ..4 F. Commitment and Utilization.. 6
G. Running Tally of Attainments ...7
H. Commercially Useful Function 7
Use of Joint Checks.... 8
2. BID OPENING.. ..9
3. BID RIGGING.. ..9
4. CONTRACT AWARD ..9
5. CONTRACTOR LICENSE. 9
6. CHANGED CONDITIONS 9
A. Differing Site Conditions... 9
B. Suspensions of Work Ordered by the Engineer.. ...9
C. Significant Changes in the Character of Work .. ..10
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ..10
8. BUY AMERICA. ..10
9. QUALITY ASSURANCE ...... .11
10. PROMPT PAYMENT.. .12
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ..12
12. FEMALE AND MINORITY GOALS... .12
13. TITLE VI ASSURANCES 14
14. FEDERAL TRAINEE PROGRAM ..19
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES. ...20
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall 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 contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal.
If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (LAPM) Chapter 9, Section 9.8 within 5 (five) days of bid opening
It is the prime contractor's responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.
DBE participation will only count toward the California Department of Transportation's federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 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."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.
The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.
The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
October 2023
Local Assistance Procedures Manual
Exhibit 12-G
Required Federal-Aid Contract Language
• A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance ot any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not. directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
B. Contract Assurance
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 26 in the award and administration of federal-aid 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, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may 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 Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.
Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.
Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency's prior written approval.
Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or me andero contin e by a contact: is dale aple bot BE and non-DBE subcontractors.
Method 3: 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 all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. 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 E. Termination and Replacement of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency's written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency's prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Termination of DBE Subcontractors
After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency's bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
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 or exhibits credit unworthiness.
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.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The Agency determines other documented good cause.
To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:
1. Send a written notice to the DBE of Contractor's intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.
2. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor's written notice.
3. Submit Contractor's DBE termination request by written letter to the Agency and include:
• One or more above listed justifiable reasons along with supporting documentation. • Contractor's written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor's written notice
• The DBE's response to Contractor's written notice, if received. If a written response was not provided, provide a statement to that effect.
The Agency shall respond in writing to Contractor's DBE termination request within 5 business days.
Replacement of DBE Subcontractors
After receiving the Agency's written authorization of DBE termination request, the Contractor must obtain the Agency's written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorization to replace a DBE firm:
Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Subcontracting Request form
• Revised Exhibit 15-G: Construction Contract DBE Commitment
2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor's GEs
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Local Assistance Procedures Manual
Exhibit 12-G
Required Federal-Aid Contract Language
to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of 14 days.
Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached If a DE's quote was rejected, provide Contractor's reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher • Additional documentation that supports the GFE
The Agency shall respond in writing to the Contractor's DBE replacement request within five (5) business days.
The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.
F. Commitment and Utilization
The Agency's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment included in the confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9-l: DBE Confirmation or 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder's bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector 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 DEtrucking company, regardless of tier
Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.
Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17-F: Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and 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.
G. Running Tally of Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023:
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.
For projects that are awarded on or after September 1, 2023:
Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payments), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, suppliers) and/or manufacturers they must report " no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P.
H. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.
The Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE's work, and continue to monitor the performance of CUF for the duration of the project.
The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.
Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J:
Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
The Contractor must monitor all DBE's performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three (3) months of work.
The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF.
The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work.
The Contractor and DEs must submit any additional CUF related records and documents within five (5) business days of AGENCY's request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor's review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.
If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.
I. Use of Joint Checks
A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.
To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier
• LPA must authorize the request before implementation
• Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
A request for a joint check agreement may be initiated by any party. If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).
Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.
A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer's representative, or other persons who arrange or expedite transactions.
• 2. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
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 une direction the OT sped ener on.
4. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term "significant change" shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed This work shall be diligently prosecuted to completion before the expiration of_ _WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed The Contractor shall pay to the City/County. the sum of $ _per day, for each and every calendar days' delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
1. 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)];
2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products such as:
2.1 Polyvinylchloride
2.2 Composite Building Materials
3. Glass
4. 5. Optical fiber
6. Lumber
7. Engineered wood
8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer's certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States.
Buy America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project Waivers
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:
1. 2.
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
10. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following:
1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. SUBMITTAL OF EXHIBIT 9-P
For projects awarded on or after September 1, 2023:
The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payments). If the Contractor does not make any payments to subcontractors, suppliers) and/or manufacturers they must report "no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P.
The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT
A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.]
[The current version of Form FHWA-1273 is accessible at FHWA's website:
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf]
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
MINORITY UTILIZATION GOALS
Economic Goal
(Percent)
Area
Redding CA:
174 Von-SMSA (Standard Metropolitan Statistical Area) Counties 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA 28.9
CA Sma C oni eai C Mai C San Fratio CA Sa Aateo 25.6
7400 San Jose, CA
19.6 176 CA Santa Clara, CA
7485 Santa Cruz, CA 14.9
CA Santa Cruz
7500 Santa Rosa 9.1
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties:
177 6920 Sacramento, CA 16.1
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties 14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera; CA Tulare
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
4480 Los Angeles-Long Beach, CA 28.3
CA Los Angeles 21.5
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura 19.0
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino 19.7
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara 24.6
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
7320 San Diego, CA 16.9
181
CA San Diego
Non-SMSA Counties 18.2
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No. 1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.]
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
C. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONTRACTOR shall provide all information and reports required by the
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or HWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amendedl, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title Vl.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability; and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
programs or activities are Federally funded or not);
• Titles Il and Il of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vi, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Federal Trainee Program Special Provisions
(to be used when applicable)
14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is._ This section applies if a number of trainees or apprentices is shown on the Notice of Bidders.
As part of the prime contractor's equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor's needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City/County of
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of _credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status.
The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor's records must show the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a:
1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and HWA
2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor's performance under this section.
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND
SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
Hangzhou Hikvision Digital Technology Company;
Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.
October 2023
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.
October 2023
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS:
The City Council of the City of Calexico, California has awarded to hereinafter designated as the Principal, the
contract for the acquisition, construction and completion of a public improvement more particularly described in said contract, and;
WHEREAS, said Principal is required under the terms of the contract to furnish a bond for the faithful performance of said contract;
NOW, THEREFORE, we the Principal and. _ the surety
company authorized to do a surety business in the State of California as surety, are held and firmly bound unto the City of Calexico hereinafter called the City in the penal sum of lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators and successors, jointly and severely, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, its or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alterations made as therein provided, on its or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, said City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the said Principal has caused this bond to be executed by its signature attached hereto, and the surety has caused this contract to be executed on this behalf by its duly authorized Attorney in Fact on this day of , 2024.
PRINCIPAL
SURETY
BY
ATTORNEY IN FACT
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FAITHFUL PERFORMANCE BOND
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS:
The City Council of the City of Calexico, California has awarded to hereinafter designated as the Principal, the
contract for the acquisition, construction and completion of a public improvement more particularly described in said contract, and;
WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said Principal, or any of its or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety of this bond will pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we the Principal and
, Surety Company authorized to do
business in the State of California, as surety, are held and firmly bound unto the City of Calexico, hereinafter called the City in a penal sum of
_Dollars ($ . ) lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, its or its heirs, executors, administrators, successors and assigns shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, on, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, as required by the provisions of the laws of the State of California, to secure the payment of claims of persons employed by Contractors upon public works, and the claim of persons who furnish material and supplies therefore, then such surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay in case suit is brought upon this bond, a reasonable attorney fee as fixed by court.
N WITNESS WHEREOF, the Principal has caused this bond to be executed by its signature affixe hereto and the Surety has caused this contract to be executed by its duly authorized Attorney i Fact, on this day of , 2024.
PRINCIPAL
SURETY
BY
ATTORNEY IN FACT
- END OF LABOR AND MATERIAL BOND -
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LABOR AND MATERIAL BOND
WARRANTY BOND
WHEREAS the City of Calexico has executed an agreement with (hereinafter "Contractor"), requiring Contractor to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of public improvements (hereinafter "Work"); WHEREAS, the Work to be performed by Contractor is more particularly set forth in that certain Public Works Agreement (Contract No. ) dated (hereinafter the "Agreement"); and
WHEREAS, said Contractor is required under the terms of said Agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Contractor, and as
surety, are held and firmly bound unto the City of Calexico in the penal sumof _Dollars ($ lawful money of the
United States, said sum being not less than 10% of the total amount payable by Contractor under the terms of the Agreement, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Contractor, its or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on its or their part, to be kept and performed thereof made as therein provided, on its or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
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WARRANTY BOND
IN WITNESS WHEREOF, we have hereto set our hands and seals this day on _2024
Contractor:_
By:_
Name
Surety:__
By:
Attorney-in-Fact
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