CC_Agenda_07-25-2024_Item_6 — Calexico City Council, July 25, 2024

AGENDA
ITEM
6 OF CALEN AGENDA
CALEXICO California ITEM

WHERE CALIFORNIA AND MEXICO MEET
6 CITY COUNCIL

AGENDA STAFF REPORT
DATE: July 25,2024
TO: Mayor and City Council
APPROVED BY: Juan Contreras, Acting City Manager JAC
REVIEWED BY: Sandra L. Fonseca, Interim Finance Director SF PREPARED BY: Liliana Falomir, Public Works Manager - Administrative Tele SUBJECT: Cole Boulevard between M.L. King Avenue and Bowker Road Rehabilitation Federal-Aid Project No. STPL-5168(035):
a) Award Bid Proposal from Rove Engineering, Inc. in the Amount of $2,398,458.00.
b) Authorize the City Manager to Sign a Construction Agreement between the City of Calexico and Rove Engineering, Inc. in the Amount of $2,398,458.00 for Cole Boulevard between M.L. King Avenue and Bowker Road Rehabilitation Federal-Aid Project No. STPL-5168(035) c) Authorize City Manager to Approve Any Future Change Orders Not-to- Exceed $239,845.80 (10% of Rove Engineering, Inc. Base Bid) as Per City Ordinance No. 1218.
==== ==================
Recommendation:

It is recommended that the City Council of the City of Calexico approve the following three (3) items:
a) Award Bid Proposal from Rove Engineering, Inc. in the amount of $2,398,458.00. b) Authorize the City Manager to Sign a Construction Agreement between the City of Calexico and Rove Engineering, Inc. in the amount of $2,398,458.00 for Cole Boulevard between M.L. King Avenue and Bowker Road Rehabilitation Federal-Aid Project No.

STPL-5168(035)
c) Authorize City Manager to Approve Any Future Change Orders Not-to-Exceed $239,845.80 (10% of Rove Engineering, Inc. Base Bid) as Per City Ordinance No. 1218.

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:

On March 20, 2024, the City Council of the City of Calexico approved bid documents for Cole Boulevard Between M.L. King Avenue and Bowker Road Rehabilitation Federal Project No.

STBGL-5168(035) and authorized the Public Works Department to send the project out to bid.

On April 30, 2024, the Public Works Department began advertising said project and on May 28, 2024, the Office of the City Clerk received the following bids:
# Company Base Bid Alternate Bid

1. Rove Engineering $2,360,458.00 $38,000.00

2. Vance Corporation $2,462,930.57 $103,375.00

3. Hazard Construction $2,643,400.00 $82,500.00
After carefully reviewing all bid documentation from Rove Engineering, Inc., Public Works Staff has found that they meet all required guidelines and are the lowest responsible bidder. For this reason, Public Works Staff is requesting City Council authorization to award the bid proposal and authorize the City Manager to sign an agreement with Rove Engineering, Inc. for Cole Boulevard between M.L. King Avenue and Bowker Road Rehabilitation Federal-Aid Project No.

STPL-5168(035)
Fiscal Impact:

Capital Improvement Program Budgeted Item for FY 2024-2025 Federal Fund No. 412-91-916-56003-000 $1,414,000.00
Measure D Fund No. 233-91-916-56003-000 $1,224,303.80
Total $2,638,303.80
Coordinated With:

City Manager's Office.

Office of the City Clerk.

Finance Department.

Public Works Department.

Attachments):

1. Bid Tabulation Sheet

2. Rove Engineering, Inc. Bid Proposal Form
2 3. Vance Corporation Bid Proposal Form

4. Hazard Construction Bid Proposal Form
Rove Engineering, Inc. Construction Agreement
3 ATTACHMENT NO. 1

BID TABULATION
COLE BLVD BETWEEN M.L. KING AVE & BOWKER RD REHABILITATION STPL-5168(035)
Bid date: May 28th, 2024 at 2:00 pm
No. Contractor Base Bid Alternate Bid
1 Rove Engineering $2,360,458.00 $38,000.00
2 Vance Corp. $2,462,930.57 $103,375.00
3 Hazard Construction $2,643,400.00 $82,500.00
Total Bids Received 3
BASE BID SCHEDULE Engineer's Estimate Bidder #1 - Rove Bidder #2 - Vance Bidder #3 - Hazard Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization (Not to Exceed 5% of Total Bid) LS $125,000.00 $125,000.00 $95,000.00 $95,000.00 $107,114.17 $107,114.17 $135,000.00 $135,000.00 2 Traffic Control (Including Traffic Control Plans) LS $100,000.00 $100,000.00 $136,680.00 $136,680.00 S48,697.01 $48,697.01 S218,500.00 S218,500.00 3 1-Inch Full With Cold Milling 525,000 $0.50 $262,500.00 $0.28 $147,000.00 $0.22 $115,500.00 S0.30 $157,500.00 4 3/4" Min Leveling Course (Including Crack Cleaning and Filling) 525,000 $0.90 $472,500.00 $0.75 $393,750.00 $0.85 S446.250.00 $0.95 $498.750.00 5 Asphalt-Rubber Aggregate Membrane (ARAM) 58,000 SY $7.75 $449,500.00 $7.40 $429,200.00 $8.46 $490,680.00 $7.10 $411,800.00 6 1.5" Asphalt-Rubber Hot Mix Gap Graded (ARHM-GG) 4,950 TON $230.00 $1,138,500.00 $154.50 $764,775.00 $153.58 $760,221.00 $175.00 $866,250.00 7 Concrete Driveway Approach 40 $30.00 $1,200.00 $230.50 $9,220.00 $98.88 $3,955.20 $110.00 $4,400.00 8 Remove & Replace Existing AC/Construct PC Concrete Ramp 12 $8,500.00 $102,000.00 $10,126.00 $121.512.00 $21.471.37 S257,656.44 S8,300.00 $99,600.00 9 Double Adjustment Manholes (to Grade) EAS $1,800.00 $23,400.00 $2,107.00 $27,391.00 $2,808.52 $36,510.76 32,800.00 $56.400.00 10 Double Adjustment Valve (to Grade) 14 EA $980.00 $13,720.00 $1,304.00 $18,256.00 $2,776.36 $38,869.04 $2,700.00 $37,800.00 11 Surveying LS $15,000.00 $15,000.00 $55,040.00 $55,040.00 $9,304.57 $9,304.57 $10,000.00 $10,000.00 12 Curb & Gutter 100 $110.00 $11.000.00 $95.50 $9,550.00 $153.03 $15,303.00 $260.00 $26,000.00 13 Concrete Sidewalk $22.00 $17,600.00 $40.00 $32,000.00 $21.35 $17,080.00 $33.00 $26,400.00 14 Traffic and Crosswalk Striping (Including Raised Markers) $50,000.00 850.00000 $121,084.00 $121,084.00 S115,789.38 $115,789.38 $115.000.00 $115,000.00 Subtotal Subtotal $2,782,000 Subtotal $2,360,458 Subtotal $2,462,931 Subtotal $2,643,400 Contingency Contingency $278,000 Contingency $236,046 Contingency $246,293 Contingency $264,340 TOTAL TOTAL $3,060,000 TOTAL $2,596,504 TOTAL $2,709,224 TOTAL $2,907,740 ALTERNATE BID SCHEDULE Engineer's Estimate Bidder #1 - Rove Bidder #2 - Vance Bidder #3 - Hazard Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Item Description
1A Additional Curb & Gutter for Flowline Improvements 500 LF $110 $55,000 $42.00 $21,000 $186.60 $93,300 $145.00 $72,500 (Contingent on Survey and Approval by City)
2A AC Berm Replacement / Construction (North Side of Cole Bld) 500 LF $60 $30,000 $34.00 $17,000 $20.15 $10,075 $20.00 $10,000 Subtotal Subtotal $85,000 Subtotal $38,000 Subtotal $103,375 Subtotal $82,500 Contingency Contingency $9,000 Contingency $3,800 Contingency $10,338 Contingency $8,250 TOTAL TOTAL $94,000 TOTAL $41,800 TOTAL $113,713 TOTAL $90,750 ATTACHMENT NO. 2

CITY OF CALEXICO

BID PROPOSAL FORM
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STPL-5168(035)

SIGNATORY STATEMENT
Name of Bidder: Rove Engineering, Inc
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.

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.

COLE BOULEVARD BETWEEN M.L KING AVE. AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -64-

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. STPL-5168(035)

BASE BID SCHEDULE
Item Description Qty Unit Unit Price Total Price
Mobilization & Demobilization
1 LS 195,000.0045,000.00
(Not to Exceed 5% of Total Bid)
2 Traffic Control LS 136,680.00 136,680.00
3 : 1-inch Full-Width Cold Milling 525,000 SF 0:28 147,000,00 3/4" Min. Leveling Course
4 525,000 SF 0.75 393,750.00
(Including Crack Cleaning and Filling)
5 Asphalt-Rubber Aggregate Membrane (ARAM) 58,000 SY 7.40 429,200.00

1.5" Asphalt Rubberized Hot Mix, Gap-Graded
4,950 TON 154.50 764,775.00
(ARHM GG-C)
7 Replace/Construct Concrete Driveway Approach 40 SF 230 50 9,220,00 Remove & Replace Existing AC/Concrete and
8 12 EA 10.126.00:121,512,00
Construct PCC Concrete Ramp
9 • Double Adjustment Manholes (to Grade) 13 EA 2,107,00 27,391.00 10 Double Adjustment Valves (to Grade) 14 EA :1,304.00 18,256.00 11 Surveying 1 LS •55,040.00 55,040.00
12 Curb & Gutter 100 LF 45.50 9,550.00:
13 ; Concrete Sidewalk 800 SF 40.00 /37,000.00
Traffic and Crosswalk Striping
14 1 Is 121,084.00 121,084.00
(Including Raised Markers)
TOTAL: 2,360,458.00
GRAND TOTAL BID ($): 2,360,458.00
GRAND TOTAL BID PRICE WRITTEN IN WORDs: two million three hundred sixty thousand four hundred fifty-eight and zero cents
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -65-

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. STPL-5168(035)

ALTERNATE BID SCHEDULE
Item Description Qty Unit Unit Price Total Price
1A! Additional Curb & Gutter for Flowline Improvements 500 LF 42.00 21, 000.00 • (Contingent on Survey and Approval by City)
AC Berm Replacement/Construction
2A 500 LF 34.00 17,000.00
(North Side of Cole Blvd.)
TOTAL: 38,000.00
GRAND TOTAL ALTERNATE BID ($): _ 38, 000.00
GRAND TOTAL ALTERNATE BID PRICE WRITTEN IN WORDS:

Thirty-eight thosand and zero cents
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD
REHABILİTATION PROJECT NO. STPL-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.

Rove Engineering, Inc 760-425-0001

COMPANY TELEPHONE

BIDDER'S SIGNATURE
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -67-

BID PROPOSAL FORM
ATTACHMENT NO. 3

CITY OF CALEXICO

BID PROPOSAL FORM
COLE BOULEVARD BETWEEN M.L. KING-AVE. AND BOWKER RD.

REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STPL-5168(035)
SIGNATORY STATEMENT.

Name of Bidder: VANCE CORPORATION
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.

Bidder shall certify that all contents of the Bid Proposal are submitted and shall sign the Bid Proposal Checklist.

COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
-64-
REHABILITATION PROJECT NO. STPL-5168(035)

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. STPL-5168(035)

BASE BID SCHEDULE
Item Description Qty Unit Unit Price Total Price
Mobilization & Demobilization
1 1 LS
: (Not to Exceed 5% of Total Bid) 107, 114.17107: 11417 2 Traffic Control 1 LS 49

3.60701 43.697.01
1-inch Full-Width Cold Milling 525,000 SF 5.20 145, 200:00 i 3/4" Min. Leveling Course
525,000 SF 2.95 62 250/00
(Including Crack Cleaning and Filling)
: Asphalt-Rubber Aggregate Membrane (ARAM) 58,000 SY 12.16 -22,230.03 1,5" Asphalt Rubberized Hot Mix, Gap-Graded
6 4,950 TON
(ARHM GG-C) 153.58 760, 221/00
7 Replace/Construct Concrete Driveway Approach 40 SF
Remove & Replace Existing AC/Concrete and
8 12 EA 34937=57 v5401
Construct PCC Concrete Ramp
9 Double Adjustment Manholes (to Grade) 13 EA 2.00.5 Es.310.Fc 10 Double Adjustment Valves (to Grade) 14 EA 3,716.36 58 E6905 11- Surveying 1 LS 9.304.57 9.304. sh
12 Curb & Gutter 100 LF :53.03 303.00

15. 13 Concrete Sidewalk 800 SF 21.35 /17,080.00
Traffic and Crosswalk Striping
14 1 LS 115,789.38115, 789.38
(Including Raised Markers)
TOTAL 2,4,62, 930.57
GRAND TOTAL BID ($): 2, 462, 930.57
GRAND TOTAL BID PRICE WRITTEN IN WORDS: Two million Fourhundred sixty two thousand, nine hundred thirty
dullars ana fifty seveh cents.

COLE BOULEVARD BETWEEN M.L. KING AVE, AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -65-

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. STPL-5168(035)

ALTERNATE BID SCHEDULE
Item Description Qty Unit Unit Price Total Price
Additional Curb & Gutter for Flowline Improvements
1A 500 LF 186.60.93,300.00
(Contingent on Survey and Approval by City)
AC Berm Replacement/Construction
2A 500 LF 20.15: 10, 075/03
(North Side of Cole Blvd.)
TOTAL 103,375.00
GRAND TOTAL ALTERNATE BID ($): 103:375.00
GRAND TOTAL ALTERNATE BID PRICE WRITTEN IN WORDS: 23 nUMEr:= sode 1: 20! 30.

COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -66-

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.

VANCE CORPORATION (909)355-4333

COMPANY TELEPHONE

BIDDER'S SIGNATURE
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -67-

BID PROPOSAL FORM
ATTACHMENT NO. 4

CITY OF CALEXICO

BID PROPOSAL FORM
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT
FEDERAL-AID PROJECT NO. STPL-5168(035)

SIGNATORY STATEMENT
Name of Bidder: Hazard Construction Engr LLC
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.

COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -64-

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. STPL-5168(035)

BASE BID SCHEDULE
Description Qty Unit Unit Price Total Price
Item
Mobilization & Demobilization 1 LS 135,000, 0/135,000,00 1 (Not to Exceed 5% of Total Bid)
2 Traffic Control 1 LS 218,560.00 218,500.00
1-inch Full-Width Cold Milling 525,000 SF 0,3° 157,500.00 3/4" Min. Leveling Course 525,000 SF 0.95 498,750.Gt
4 (Including Crack Cleaning and Filling)
Asphalt-Rubber Aggregate Membrane (ARAM) 58,000 SY 7.10 4L, 800, со

1.5" Asphalt Rubberized Hot Mix, Gap-Graded 4,950 • TON 175.00 866,750.081 6 (ARHM GG-C)
Replace/Construct Concrete Driveway Approach 40 SF - :10,00 4,400,00 7 Remove & Replace Existing AC/Concrete and 12 EA 8,300.00 99,600.00 8 Construct PCC Concrete Ramp
9 Double Adjustment Manholes (to Grade) 13 EA 7,800 ко 36,400.550 10 • Double Adjustment Valves (to Grade) 14 EA 2,700,0037,300.00 11 Surveying LS 10,000.60 10;400.00
12 Curb & Gutter 100 LF 260.00 26,000.00
13 Concrete Sidewalk 800 SF 33.00 26;400.00
Traffic and Crosswalk Striping LS :115,00000115,000.00
14 1
(Including Raised Markers)
TOTAL 12,643, 400.00
GRAND TOTAL BID $): 2638,402 SAM $ 2,643,400-00
GRAND TOTAL BID PRICE WRITTEN IN WORDS: Two milion six hundrel forty three thousand, four hunched dotters with zoro cants COLE BOULEVARD BETWEEN M... KING AVE. AND BOWER RD.
-65-
REHABILITATION PROJECT NO. STPL-5168(035)

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. STPL-5168(035)

ALTERNATE BID SCHEDULE
Description •Qty Unit Unit Price Total Price
Item
Additional Curb & Gutter for Flowline Improvements
1A 500 IF: 145.00-72,500,00
(Contingent on Survey and Approval by City)
AC Berm Replacement/Construction 500 LF 20.00 10,000.00 2A
(North Side of Cole Bivd.)
TOTAL 82, 580-00
GRAND TOTAL ALTERNATE BID ($): B7)5050-4
GRAND TOTAL ALTERNATE BID PRICE WRITTEN IN WORDS:
eighty tus thensand five hundred dallis with were cents COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.
÷66-
REHABILITATION PROJECT NO. STPL-5168(035)

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.

Hazard Construction Engi, LLC (858) 587-3600

COMPANY TELEPHONE
BIDDER'S SIGNATURÉ Tason A. ferdhorst, President
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -67.-

BID PROPOSAL FORM
ATTACHMENT NO. 5

CONSTRUCTION AGREEMENT

CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this 25th day of July, 2024, by and between the City of Calexico, a Municipal Corporation of the State of California ("CITY") and Rove Engineering, Inc. ('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 CAMUTCD (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.

4. Compensation
COLE BOULEVARD BETWEEN M.L. KING AVE. AND BOWKER RD.

REHABILITATION PROJECT NO. STPL-5168(035) -80-

CONSTRUCTION AGREEMENT

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.

6.2 Types of Insurance
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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.

6.4 Deductibles
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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.

9. Conflicting Terms
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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 Rove Engineering, Inc.

Public Works Department 398 E. Aurora Drive
608 Heber Avenue El Centro, CA 92244
Calexico, CA 92231
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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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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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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 Juan Contreras
City Clerk of the City of Calexico Acting 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
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FHWA-1273 - Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
performed on the contract by the contractor's own organization General and with the assistance of workers under the contractor's

1. Nondiscrimination immediate superintendence and to all work performed on the III. Non-segregated Facilities contract by piecework, station work, or by subcontract. 23 Davis-Bacon and Related Act Provisions CFR 633.102(d).

V. Contract Work Hours and Safety Standards Act
Provisions 3. A breach of any of the stipulations contained in these VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VII. Safety: Accident Prevention withholding of progress payments, withholding of final VIlI. False Statements Concerning Highway Projects payment, termination of the contract, suspension / debarment IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA.

X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion 4. Selection of Labor: During the performance of this contract, XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid Lobbying
XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

A. Employment and Materials Preference for Appalachian 23 U.S.C. 101(a).

Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
I. GENERAL
The provisions of this section related to 23 CFR Part 230,

1. Form FHWA-1273 must be physically incorporated in each Subpart A, Appendix A are applicable to all Federal-aid construction contract funded under title 23, United States construction contracts and to all related construction Code, as required in 23 CFR 633.102(b) (excluding subcontracts of $10,000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply, engineering, or contractor (or subcontractor) must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements In addition, the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR with the following policies: Executive Order 11246, 41 CFR Part 60. 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C incorporated by reference for work done under any purchase 2000d et seq.), and related regulations including 49 CFR Parts order, rental agreement or agreement for other services. The 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity build contracts, in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3 subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for Note: The U.S. Department of Labor has exclusive authority to supplies or services) in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60, subcontractor, lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140, Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and however, the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. incorporated (not referenced) in all contracts, subcontracts and 2000d et seg.), and related regulations including 49 CFR Parts lower-tier subcontracts (excluding purchase orders, rental 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform

2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor (US DOL) and FHWA sections, these contract provisions shall apply to all work requirements.

1. Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity (EEO) requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27) and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein, and employees by means of meetings, employee handbooks, or imposed pursuant to 23 U.S.C. 140, shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the 4. Recruitment: When advertising for employees, the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation: "An Equal Opportunity Employer." All such are incorporated by reference in this contract. In the execution advertisements will be placed in publications having a large of this contract, the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities of EEO: which the project work force would normally be derived. a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement, conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. 23 CFR 230.409 (g)(4) & (5). meet this requirement, the contractor will identify sources of potential minority group employees and establish with such b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration.
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during b. In the event the contractor has a valid bargaining employment, without regard to their race, religion, sex, agreement providing for exclusive hiring hall referrals, the sexual orientation, gender identity, color, national origin, age contractor is expected to observe the provisions of that or disability. Such action shall include: employment, agreement to the extent that the system meets the contractor's upgrading, demotion, or transfer; recruitment or recruitment compliance with EEO contract provisions. Where advertising; layoff or termination; rates of pay or other forms implementation of such an agreement has the effect of of compensation; and selection for training, including discriminating against minorities or women, or obligates the apprenticeship, pre-apprenticeship, and/or on-the-job contractor to do the same, such implementation violates Federal nondiscrimination provisions.

2. EEO Officer: The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment. the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do

5. Personnel Actions: Wages, working conditions, and
SO.
employee benefits shall be established and administered, and

3. Dissemination of Policy: All members of the contractor's personnel actions of every type, including hiring, upgrading, staff who are authorized to hire, supervise, promote, and promotion, transfer, demotion, layoff, and termination, shall be discharge employees, or who recommend such action or are taken without regard to race, color, religion, sex, sexual substantially involved in such action, will be made fully orientation, gender identity, national origin, age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed:
and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met, the following actions will be taken as a sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of not less often than once every six months, at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices. reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination. Where evidence is found, the contractor will given a thorough indoctrination by the EEO Officer, covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed, such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 2 within a reasonable time. If the investigation indicates that the sufficient referrals (even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement) does not relieve the contractor from the completion of each investigation, the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these

6. Training and Promotion: special provisions, such contractor shall immediately notify the contracting agency.

The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants / applicants for employment or current employees. Employees with Disabilities: The contractor must be familiar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations, the would cause an undue hardship. contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the 9. Selection of Subcontractors, Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment: The contractor shall not special provision for training is provided under this contract, discriminate on the grounds of race, color, religion, sex, sexual this subparagraph will be superseded as indicated in the orientation, gender identity, national origin, age, or disability in special provision. The contracting agency may reserve the selection and retention of subcontractors, including training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

C. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers, and lessors of their EEO obligations under this contract.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion.

7. Unions: If the contractor relies in whole or in part upon 10. Assurances Required:
unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor, either directly or through a (DBE) program are incorporated by reference. contractor's association acting as agent, will include the procedures set forth below: b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex a. The contractor will use good faith efforts to develop, in in the performance of this contract. The contractor shall carry cooperation with the unions, joint training programs aimed out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts. Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment. of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
b. The contractor will use good faith efforts to incorporate an appropriate, which may include, but is not limited to:

EEO clause into each union agreement to the end that such (1) Withholding monthly progress payments; union will be contractually bound to refer applicants without (2) Assessing sanctions; regard to their race, color, religion, sex, sexual orientation, (3) Liquidated damages; and/or gender identity, national origin, age, or disability. (4) Disqualifying the contractor from future bidding as non- responsible.
c. The contractor is to obtain information as to the referral C. The Title VI and nondiscrimination provisions of U.S. practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated extent such information is within the exclusive possession of by reference. 49 CFR Part 21. the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to 11. Records and Reports: The contractor shall keep such the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO been made to obtain such information. requirements. Such records shall be retained for a period of three years following the date of the final payment to the d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized in the collective bargaining agreement, the contractor will, representatives of the contracting agency and the FHWA. through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual a. The records kept by the contractor shall document the orientation, gender identity, national origin, age, or disability; following:
making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide (1) The number and work hours of minority and non- Projects funded under 23 U.S.C. 117, and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167. classification on the project;
The following provisions are from the U.S. Department of (2) The progress and efforts being made in cooperation Labor regulations in 29 CFR 5.5 "Contract provisions and with unions, when applicable, to increase employment related matters" with minor revisions to conform to the FHWA- opportunities for minorities and women; and 1273 format and FHWA program requirements. (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. 1. Minimum wages (29 CFR 5.5) b. The contractors and subcontractors will submit an annual a. Wage rates and fringe benefits. All laborers and
report to the contracting agency each July for the duration of mechanics employed or working upon the site of the work (or the project indicating the number of minority, women, and non- otherwise working in construction or development of the minority group employees currently engaged in each work project under a development statute), will be paid classification required by the contract work.
unconditionally and not less often than once a week, and to be reported on Form FHWA-1391. The staffing data should without subsequent deduction or rebate on any account represent the project work force on board in all or any part of (except such payroll deductions as are permitted by the last payroll period preceding the end of July. If on-the-job regulations issued by the Secretary of Labor under the training is being required by special provision, the contractor Copeland Act (29 CFR part 3)), the full amount of basic hourly will be required to collect and report training data. The wages and bona fide fringe benefits (or cash equivalents employment data should reflect the work force on board during thereof due at time of payment computed at rates not less all or any part of the last payroll period preceding the end of than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may III. NONSEGREGATED FACILITIES be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by This provision is applicable to all Federal-aid construction operation of law even if they have not been attached to the contracts and to all related construction subcontracts of more contract. Contributions made or costs reasonably anticipated than $10,000. 41 CFR 60-1.5.
for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are As prescribed by 41 CFR 60-1.8, the contractor must ensure considered wages paid to such laborers or mechanics, subject that facilities provided for employees are provided in such a to the provisions of paragraph 1.e. of this section; also, regular manner that segregation on the basis of race, color, religion, contributions made or costs incurred for more than a weekly sex, sexual orientation, gender identity, or national origin period (but not less often than quarterly) under plans, funds, or cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period, are deemed to be constructively made or incurred during such by employee custom. The contractor's obligation extends weekly period. Such laborers and mechanics must be paid the further to ensure that its employees are not assigned to appropriate wage rate and fringe benefits on the wage
perform their services at any location under the contractor's determination for the classification(s) of work actually control where the facilities are segregated. The term "facilities" performed, without regard to skill, except as provided in includes waiting rooms, work areas, restaurants and other paragraph 4. of this section. Laborers or mechanics performing eating areas, time clocks, restrooms, washrooms, locker work in more than one classification may be compensated at rooms and other storage or dressing areas, parking lots, the rate specified for each classification for the time actually drinking fountains, recreation or entertainment areas, worked therein: Provided, That the employer's payroll records transportation, and housing provided for employees. The accurately set forth the time spent in each classification in contractor shall provide separate or single-user restrooms and which work is performed. The wage determination (including necessary dressing or sleeping areas to assure privacy any additional classifications and wage rates conformed under between sexes.
paragraph 1.c. of this section) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and IV. DAVIS-BACON AND RELATED ACT PROVISIONS accessible place where it can be easily seen by the workers.

This section is applicable to all Federal-aid construction b. Frequently recurring classifications. (1) In addition to wage projects exceeding $2,000 and to all related subcontracts and and fringe benefit rates that have been determined to be lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
This excludes roadways functionally classified as local roads submitted pursuant to paragraph 1.c. of this section, provided or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples (i) The work performed by the classification is not include: Surface Transportation Block Grant Program projects performed by a classification in the wage determination for funded under 23 U.S.C. 133 [excluding recreational trails which a prevailing wage rate has been determined; projects], the Nationally Significant Freight and Highway 4 (ii) The classification is used in the area by the under paragraphs 1.c.(3) and (4) of this section. The contractor construction industry; and must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where (iii) The wage rate for the classification bears a reasonable appropriate) determined pursuant to paragraph 1.c. (3) or (4) of relationship to the prevailing wage rates contained in the this section must be paid to all workers performing work in the wage determination. classification under this contract from the first day on which work is performed in the classification.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c. (1)(iii) of this d. Fringe benefits not expressed as an hourly rate. section. Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contract at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit wage determination for such classification. which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or c. Conformance. (1) The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash any class of laborers or mechanics, including helpers, which is equivalent thereof. not listed in the wage determination and which is to be employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not make the wage determination. Conformance of an additional payments to a trustee or other third person, the contractor may classification and wage rate and fringe benefits is appropriate consider as part of the wages of any laborer or mechanic the only when the following criteria have been met: amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That (i) The work to be performed by the classification the Secretary of Labor has found, upon the written request of requested is not performed by a classification in the wage the contractor, in accordance with the criteria set forth in determination; and § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the (ii) The classification is used in the area by the meeting of obligations under the plan or program. construction industry; and
f. Interest. In the event of a failure to pay all or part of the (iii) The proposed wage rate, including any bona fide fringe wages required by the contract, the contractor will be required benefits, bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages. contained in the wage determination.

2. Withholding (29 FR 5.5)
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination. a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold (3) If the contractor and the laborers and mechanics to be or cause to be withheld from the contractor so much of the employed in the classification (if known), or their accrued payments or advances as may be considered representatives, and the contracting officer agree on the necessary to satisfy the liabilities of the prime contractor or any classification and wage rate (including the amount designated subcontractor for the full amount of wages and monetary relief, for fringe benefits where appropriate), a report of the action including interest, required by the clauses set forth in this taken will be sent by the contracting officer by email to section for violations of this contract, or to satisfy any such [email protected]. The Administrator, or an liabilities required by any other Federal contract, or federally authorized representative, will approve, modify, or disapprove assisted contract subject to Davis-Bacon labor standards, that every additional classification action within 30 days of receipt is held by the same prime contractor (as defined in § 5.2). The and so advise the contracting officer or will notify the necessary funds may be withheld from the contractor under contracting officer within the 30-day period that additional time this contract, any other Federal contract with the same prime is necessary. contractor, or any other federally assisted contract that is subiect to Davis-Bacon labor standards requirements and is (4) In the event the contractor, the laborers or mechanics to held by the same prime contractor, regardless of whether the be employed in the classification or their representatives, and other contract was awarded or assisted by the same agency, the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability classification and wage rate (including the amount designated for which the funds were withheld. In the event of a for fringe benefits, where appropriate), the contracting officer contractor's failure to pay any laborer or mechanic, including will, by email to [email protected], refer the any apprentice or helper working on the site of the work all or questions, including the views of all interested parties and the part of the wages required by the contract, or upon the recommendation of the contracting officer, to the Administrator contractor's failure to submit the required records as discussed for determination. The Administrator, or an authorized in paragraph 3.d. of this section, the contracting agency may representative, will issue a determination within 30 days of on its own initiative and after written notice to the contractor, receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the contracting officer within the 30-day period that additional time suspension of any further payment, advance, or guarantee of is necessary. funds until such violations have ceased.
(5) The contracting officer must promptly notify the b. Priority to withheld funds. The Department has priority to contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph 5 2.a. of this section or Section V, paragraph 3.a., or both, over agency. The prime contractor is responsible for the submission claims to those funds by: of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as (1) A contractor's surety(ies), including without limitation long as the electronic system requires a legally valid electronic performance bond sureties and payment bond sureties;
signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified (2) A contracting agency for its reprocurement costs; payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
(3) A trustee(s) (either a court-appointed trustee or a U.S. submission in situations where the contractor is unable or trustee, or both) in bankruptcy of a contractor, or a contractor's limited in its ability to use or access the electronic system. bankruptcy estate;
(2) Information required. The certified payrolls submitted (4) A contractor's assignee(s); must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this (5) A contractor's successors); or section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the (6) A claim asserted under the Prompt Payment Act, 31 certified payrolls need only include an individually identifying U.S.C. 3901-3907. number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly

3. Records and certified payrolls (29 CFR 5.5) certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour a. Basic record requirements (1) Length of record retention. Division website at https://www.dol.gov/sites/dolgov/files/HD/ All regular payrolls and other basic records must be legacy/files/wh347/.pdf or its successor website. It is not a maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a course of the work and preserved for all laborers and subcontractor to provide full Social Security numbers and last mechanics working at the site of the work (or otherwise known addresses, telephone numbers, and email addresses to working in construction or development of the project under a the prime contractor for its own records, without weekly development statute for a period of at least 3 years after all submission by the subcontractor to the contracting agency. the work on the prime contract is completed.
(3) Statement of Compliance. Each certified payroll
(2) Information required. Such records must contain the submitted must be accompanied by a "Statement of name; Social Security number; last known address, telephone Compliance," signed by the contractor or subcontractor, or the number, and email address of each such worker; each contractor's or subcontractor's agent who pays or supervises worker's correct classifications) of work actually performed; the payment of the persons working on the contract, and must hourly rates of wages paid (including rates of contributions or certify the following:
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number (i) That the certified payroll for the payroll period contains of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b. deductions made; and actual wages paid. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the (ii) That each laborer or mechanic (including each helper amount of any costs reasonably anticipated in providing and apprentice) working on the contract during the payroll benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned, without 3141(2)(B) of the Davis-Bacon Act, the contractor must rebate, either directly or indirectly, and that no deductions maintain records which show that the commitment to provide have been made either directly or indirectly from the full such benefits is enforceable, that the plan or program is wages earned, other than permissible deductions as set financially responsible, and that the plan or program has been forth in 29 CFR part 3; and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual (i) That each laborer or mechanic has been paid not less cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash equivalents for the classifications) of work actually
(4) Additional records relating to apprenticeship. Contractors performed, as specified in the applicable wage determination with apprentices working under approved programs must incorporated into the contract. maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios (4) Use of Optional Form WH-347. The weekly submission
and wage rates prescribed in the applicable programs. of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for b. Certified payroll requirements (1) Frequency and method submission of the "Statement of Compliance" required by of submission. The contractor or subcontractor must submit paragraph 3.b.(3) of this section. weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting 6 (5) Signature. The signature by the contractor, of each covered worker, and must provide them upon request subcontractor, or the contractor's or subcontractor's agent to the contracting agency, the State DOT, the FHWA, the must be an original handwritten signature or a legally valid contractor, or the Wage and Hour Division of the Department electronic signature. of Labor for purposes of an investigation or other compliance (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to 4. Apprentices and equal employment opportunity (29 CFR civil or criminal prosecution under 18 U.S.C. 1001 and 31 5.5) U.S.C. 3729.
a. Apprentices (1) Rate of pay. Apprentices will be permitted (7) Length of certified payroll retention. The contractor or to work at less than the predetermined rate for the work they subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered on the prime contract is completed. with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is c. Contracts, subcontracts, and related documents. The not individually registered in the program, but who has been contractor or subcontractor must maintain this contract or certified by the OA or a State Apprenticeship Agency (where subcontract and related documents including, without appropriate) to be eligible for probationary employment as an limitation, bids, proposals, amendments, modifications, and apprentice, will be permitted to work at less than the extensions. The contractor or subcontractor must preserve predetermined rate for the work they perform in the first 90 these contracts, subcontracts, and related documents during days of probationary employment as an apprentice in such a the course of the work and for a period of 3 years after all the program. In the event the OA or a State Apprenticeship work on the prime contract is completed. Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be d. Required disclosures and access (1) Required record permitted to use apprentices at less than the applicable disclosures and access to workers. The contractor or predetermined rate for the work performed until an acceptable subcontractor must make the records required under program is approved. paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the (2) Fringe benefits. Apprentices must be paid fringe benefits HWA, or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeship determine compliance with the labor standards provisions of program. If the apprenticeship program does not specify fringe any of the applicable statutes referenced by § 5.1, available for benefits, apprentices must be paid the full amount of fringe inspection, copying, or transcription by authorized benefits listed on the wage determination for the applicable representatives of the contracting agency, the State DOT, the classification. If the Administrator determines that a different HWA, or the Department of Labor, and must permit such practice prevails for the applicable apprentice classification, representatives to interview workers during working hours on fringe benefits must be paid in accordance with that the job. determination.
(2) Sanctions for non-compliance with records and worker (3) Apprenticeship ratio. The allowable ratio of apprentices to access requirements. If the contractor or subcontractor fails to journeyworkers on the job site in any craft classification must submit the required records or to make them available, or not be greater than the ratio permitted to the contractor as to refuses to permit worker interviews during working hours on the entire work force under the registered program or the ratio the job, the Federal agency may, after written notice to the applicable to the locality of the project pursuant to paragraph contractor, sponsor, applicant, owner, or other entity, as the 4.a.(4) of this section. Any worker listed on a payroll at an case may be, that maintains such records or that employs apprentice wage rate, who is not registered or otherwise such workers, take such action as may be necessary to cause employed as stated in paragraph 4.a. (1) of this section, must the suspension of any further payment, advance, or guarantee be paid not less than the applicable wage rate on the wage of funds. Furthermore, failure to submit the required records determination for the classification of work actually performed. upon request or to make such records available, or to permit In addition, any apprentice performing work on the job site in worker interviews during working hours on the job, may be excess of the ratio permitted under this section must be paid grounds for debarment action pursuant to § 5.12. In addition, not less than the applicable wage rate on the wage any contractor or other person that fails to submit the required determination for the work actually performed. records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative (4) Reciprocity of ratios and wage rates. Where a contractor proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than that were not provided or made available to WHD. WHD will the locality in which its program is registered, the ratios and take into consideration a reasonable request from the wage rates (expressed in percentages of the journeyworker's contractor or person for an extension of the time for hourly rate) applicable within the locality in which the submission of records. WHD will determine the construction is being performed must be observed. If there is reasonableness of the request and may consider, among other no applicable ratio or wage rate for the locality of the project, things, the location of the records and the volume of the ratio and wage rate specified in the contractor's registered production. program must be observed.
(3) Required information disclosures. Contractors and b. Equal employment opportunity. The use of apprentices subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with and last known address, telephone number, and email address 7 the equal employment opportunity requirements of Executive b. No part of this contract shall be subcontracted to any Order 11246, as amended, and 29 CFR part 30. person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. Apprentices and Trainees (programs of the U.S. DOT). c. The penalty for making false statements is prescribed in Apprentices and trainees working under apprenticeship and the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not 11. Anti-retaliation. It is unlawful for any person to discharge, subject to the requirements of paragraph 4 of this Section IV demote, intimidate, threaten, restrain, coerce, blacklist, harass, 23 CFR 230.111(e)(2). The straight time hourly wage rates for or in any other manner discriminate against, or to cause any apprentices and trainees under such programs will be person to discharge, demote, intimidate, threaten, restrain, established by the particular programs. The ratio of coerce, blacklist, harass, or in any other manner discriminate apprentices and trainees to journeyworkers shall not be against, any worker or job applicant for:
greater than permitted by the terms of the particular program. a. Notifying any contractor of any conduct which the worker

5. Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA, Related contractor shall comply with the requirements of 29 FR part Acts, this part, or 29 CFR part 1 or 3; 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on

6. Subcontracts. The contractor or subcontractor must insert behalf of themselves or others any right or protection under the FHWA-1273 in any subcontracts, along with the applicable DBA, Related Acts, this part, or 29 CFR part 1 or 3; wage determinations) and such other clauses or contract modifications as the contracting agency may by appropriate c. Cooperating in any investigation or other compliance instructions require, and a clause requiring the subcontractors action, or testifying in any proceeding under the DBA, Related to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for Acts, this part, or 29 CFR part 1 or 3; or the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In d. Informing any other person about their rights under the the event of any violations of these clauses, the prime DBA, Related Acts, this part, or 29 CFR part 1 or 3. contractor and any subcontractors) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers V. CONTRACT WORK HOURS AND SAFETY STANDARDS of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. ACT

7. Contract termination: debarment. A breach of the Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a $100,000 and subject to the overtime provisions of the subcontractor as provided in 29 CFR 5.12. Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the

8. Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and requirements. All rulings and interpretations of the Davis- guards.

Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as

1. Overtime requirements. No contractor or subcontractor provided in 29 CFR 5.5. contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall ). Disputes concerning labor standards. As provided in 29 require or permit any such laborer or mechanic in any CFR 5.5. disputes arising out of the labor standards provisions workweek in which he or she is emploved on such work to of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such clause of this contract. Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours set forth in 29 CFR parts 5, 6, and 7. Disputes within the worked in excess of forty hours in such workweek. 29 CFR meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any

10. Certification of eligibility. a. By entering into this contract, subcontractor responsible therefor shall be liable for the the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment. who has an interest in the contractor's firm is a person or firm In addition, such contractor and subcontractor shall be liable to ineligible to be awarded Government contracts by virtue of 40 the United States (in the case of work done under contract for U.S.C. 3144(b) or § 5.12(a). the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 8 mechanic, including watchpersons and guards, employed in event of any violations of these clauses, the prime contractor violation of the clause set forth in paragraph 1. of this section, and any subcontractors) responsible will be liable for any in the sum currently provided in 29 CFR 5.5(b)(2)* for each unpaid wages and monetary relief, including interest from the calendar day on which such individual was required or date of the underpayment or loss, due to any workers of lower- permitted to work in excess of the standard workweek of forty tier subcontractors, and associated liquidated damages and hours without payment of the overtime wages required by the may be subject to debarment, as appropriate. clause set forth in paragraph 1. of this section.

5. Anti-retaliation. It is unlawful for any person to discharge, * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may demote, intimidate, threaten, restrain, coerce, blacklist, harass, be adjusted annually by the Department of Labor, pursuant to or in any other manner discriminate against, or to cause any the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

3. Withholding for unpaid wages and liquidated damages
a. Notifying any contractor of any conduct which the worker a. Withholding process. The FHWA or the contracting reasonably believes constitutes a violation of the Contract agency may, upon its own action, or must, upon written Work Hours and Safety Standards Act (CWHSSA) or its request of an authorized representative of the Department of implementing regulations in this part;
Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime b. Filing any complaint, initiating or causing to be initiated contractor or any subcontractor for any unpaid wages; any proceeding, or otherwise asserting or seeking to assert on monetary relief, including interest; and liquidated damages behalf of themselves or others any right or protection under required by the clauses set forth in this section on this CWHSSA or this part; contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held c. Cooperating in any investigation or other compliance by the same prime contractor (as defined in § 5.2). The action, or testifying in any proceeding under CWHSSA or this necessary funds may be withheld from the contractor under part; or this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is d. Informing any other person about their rights under subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part. and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
VI. SUBLETTING OR ASSIGNING THE CONTRACT
contractor liability for which the funds were withheld.

This provision is applicable to all Federal-aid construction b. Priority to withheld funds. The Department has priority to contracts on the National Highway System pursuant to 23 CFR funds withheld or to be withheld in accordance with Section IV 635.116. paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of (1) A contractor's surety(ies), including without limitation the total original contract price, excluding any specialty items performance bond sureties and payment bond sureties;
designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
(2) A contracting agency for its reprocurement costs; specialty items performed may be deducted from the total original contract price before computing the amount of work (3) A trustee(s) (either a court-appointed trustee or a U.S required to be performed by the contractor's own organization trustee, or both) in bankruptcy of a contractor, or a contractor's (23 CFR 635.116). bankruptcy estate; a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or (4) A contractor's assignee(s); leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
(5) A contractor's successors); or subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include (6) A claim asserted under the Prompt Payment Act, 31 payments for the costs of hiring leased employees from an U.S.C. 3901-3907. employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the

4. Subcontracts. The contractor or subcontractor must insert following conditions: (based on longstanding interpretation) in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the (1) the prime contractor maintains control over the subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased subcontracts. The prime contractor is responsible for employees; compliance by any subcontractor or lower tier subcontractor (2) the prime contractor remains responsible for the quality with the clauses set forth in paragraphs 1. through 5. In the of the work of the leased employees; (3) the prime contractor retains all power to accept or health standards (29 FR Part 1926) promulgated by the exclude individual employees from work on the project; and Secretary of Labor, in accordance with Section 107 of the (4) the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act (40 U.S.C. the payment of predetermined minimum wages, the 3704). 29 CFR 1926.10. submission of payrolls, statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative b. "Specialty Items" shall be construed to be limited to work thereof, shall have right of entry to any site of contract that requires highly specialized knowledge, abilities, or performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry cond a clean gene se be into mine. out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. components of the overall contract. 23 CFR 635.102.
. Pursuant to 23 CFR 635.116(a), the contract amount upor hich the requirements set forth in paragraph 1) of Section V VIII. FALSE STATEMENTS CONCERNING HIGHWAY is computed includes the cost of material and manufactured PROJECTS products which are to be purchased or produced by the
contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in by the firm, has full authority to direct performance of the work conformity with approved plans and specifications and a high in accordance with the contract requirements, and is in charge degree of reliability on statements and representations made of all construction operations (regardless of who performs the by engineers, contractors, suppliers, and workers on Federal- work) and (b) such other of its own organizational resources aid highway projects, it is essential that all persons concerned (supervision, management, and engineering services) as the with the project perform their functions as carefully, thoroughly, contracting officer determines is necessary to assure the and honestly as possible. Willful falsification, distortion, or performance of the contract. misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any

4. No portion of the contract shall be sublet, assigned or misunderstanding regarding the seriousness of these and otherwise disposed of except with the written consent of the similar acts, Form FHWA-1022 shall be posted on each contracting officer, or authorized representative, and such Federal-aid highway project (23 CFR Part 635) in one or more consent when given shall not be construed to relieve the places where it is readily available to all persons concerned contractor of any responsibility for the fulfillment of the with the project:
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions 18 U.S.C. 1020 reads as follows:
and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a

5. The 30-percent self-performance requirement of paragraph person, association, firm, or corporation, knowingly makes any (1) is not applicable to design-build contracts; however, false statement, false representation, or false report as to the contracting agencies may establish their own self-performance character, quality, quantity, or cost of the material used or to requirements. 23 CFR 635.116(d). be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs VII. SAFETY: ACCIDENT PREVENTION of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the

1. In the performance of this contract the contractor shall character, quality, quantity, or cost of any work performed or to comply with all applicable Federal, State, and local laws be performed, or materials furnished or to be furnished, in governing safety, health, and sanitation (23 FR Part 635). onnection with the construction of any highway or relate The contractor shall provide all safeguards, safety devices and roject approved by the Secretary of Transportation; c rotective equipment and take any other needed actions as it letermines, or as the contracting officer may determine, to be Whoever knowingly makes any false statement or fals reasonably necessary to protect the life and health of presentation as to material fact in any statement, certificate employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid protect property in connection with the performance of the amended and suplemente, 1916, 39 Stat. 355), as work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a Shall be fined under this title or imprisoned not more than 5 condition of each subcontract, which the contractor enters into years or both." pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and 10 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 e. The terms "covered transaction," "debarred," CFR 200.88; EO 11738) "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined This provision is applicable to all Federal-aid construction in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. contracts in excess of $150,000 and to all related "First Tier Covered Transactions" refers to any covered subcontracts. 48 CFR 2.101; 2 CFR 200.327. transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract).

By submission of this bid/proposal or the execution of this "Lower Tier Covered Transactions" refers to any covered contract or subcontract, as appropriate, the bidder, proposer, transaction under a First Tier Covered Transaction (such as Federal-aid construction contractor, subcontractor, subcontracts). "First Tier Participant" refers to the participant vendor agrees to comply with all applicable standards, orders who has entered into a covered transaction with a recipient or or regulations issued pursuant to the Clean Air Act (42 U.S.C. subrecipient of Federal funds (such as the prime or general 7401-7671q) and the Federal Water Pollution Control Act, as contractor). "Lower Tier Participant" refers any participant who amended (33 U.S.C. 1251-1387). Violations must be reported has entered into a covered transaction with a First Tier to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants (such as of the Environmental Protection Agency. 2 CFR Part 200, subcontractors and suppliers). f. The prospective first tier participant agrees by submitting The contractor agrees to include or cause to be included the this proposal that, should the proposed covered transaction be requirements of this Section in every subcontract, and further entered into, it shall not knowingly enter into any lower tier agrees to take such action as the contracting agency may covered transaction with a person who is debarred direct as a means of enforcing such requirements. 2 CFR suspended, declared ineligible, or voluntarily excluded from 200.327. participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.

X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY g. The prospective first tier participant further agrees by EXCLUSION submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions." contracts, design-build contracts, subcontracts, lower-tier provided by the department or contracting agency, entering subcontracts, purchase orders, lease agreements, consultant into this covered transaction, without modification, in all lower contracts or any other covered transaction requiring HWA tier covered transactions and in all solicitations for lower tier approval or that is estimated to cost $25,000 or more - as covered transactions exceeding the $25,000 threshold. 2 CFR defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 180.220 and 180.300. 1200.220.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered

1. Instructions for Certification - First Tier Participants: transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it a. By signing and submitting this proposal, the prospective knows that the certification is erroneous. 2 CFR 180.300; first tier participant is providing the certification set out below. 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or b. The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2 below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals, as well covered transaction. The prospective first tier participant shall as the eligibility of any lower tier prospective participants, each submit an explanation of why it cannot provide the certification participant may, but is not required to, check the System for set out below. The certification or explanation will be Award Management website (https://www.sam.gov/). 2 CFR considered in connection with the department or agency's 180.300, 180.320, and 180.325. determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records in order to from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause.

The knowledge and information of the prospective participant c. The certification in this clause is a material representation is not required to exceed that which is normally possessed by of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings. agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered j. Except for transactions authorized under paragraph (f) of an erroneous certification. in addition to other remedies these instructions, if a participant in a covered transaction available to the Federal Government, the contracting agency knowingly enters into a lower tier covered transaction with a may terminate this transaction for cause of default. 2 CFR person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the d. The prospective first tier participant shall provide department or agency may terminate this transaction for cause immediate written notice to the contracting agency to whom or default. 2 CFR 180.325. this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when ***** submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
11 2. Certification Regarding Debarment, Suspension, this transaction originated may pursue available remedies, Ineligibility and Voluntary Exclusion - First Tier including suspension and/or debarment.

Participants:
c. The prospective lower tier participant shall provide a. The prospective first tier participant certifies to the best of immediate written notice to the person to which this proposal is its knowledge and belief, that it and its principals: submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of (1) Are not presently debarred, suspended, proposed for changed circumstances. 2 CFR 180.365. debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal d. The terms "covered transaction," "debarred," department or agency, 2 CFR 180.335;- "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined (2) Have not within a three-year period preceding this in 2 CFR Parts 180, Subpart I, 180.900 - 180.1020, and 1200. proposal been convicted of or had a civil judgment rendered You may contact the person to which this proposal is against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those connection with obtaining, attempting to obtain, or performing "First Tier Covered Transactions" refers to any a public (Federal, State, or local) transaction or contract under covered transaction between a recipient or subrecipient of a public transaction; violation of Federal or State antitrust Federal funds and a participant (such as the prime or general statutes or commission of embezzlement, theft, forgery, contract). "Lower Tier Covered Transactions" refers to any bribery, falsification or destruction of records, making false covered transaction under a First Tier Covered Transaction statements, or receiving stolen property, 2 CFR 180.800; (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a (3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds (such as the prime or civilly charged by a governmental entity (Federal, State or general contractor). "Lower Tier Participant" refers any local) with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a paragraph (a)(2) of this certification, 2 CFR 180.700 and First Tier Participant or other Lower Tier Participants (such as 180.800; and subcontractors and suppliers).
(4) Have not within a three-year period preceding this e. The prospective lower tier participant agrees by application/proposal had one or more public transactions submitting this proposal that, should the proposed covered (Federal, State or local) terminated for cause or default. 2 transaction be entered into, it shall not knowingly enter into CFR 180.335(d). any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily (5) Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction, unless violation under any Federal law within the two-year period authorized by the department or agency with which this preceding this proposal (USDOT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332. appropriations act requirements); and
f. The prospective lower tier participant further agrees by (6) Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled that has been assessed, for which all judicial and "Certification Regarding Debarment, Suspension, Ineligibility administrative remedies have been exhausted, or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction," and that is not being paid in a timely manner pursuant to an without modification, in all lower tier covered transactions and agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding liability (USDOT Order 4200.6 implementing appropriations act the $25,000 threshold. 2 CFR 180.220 and 1200.220. requirements).
g. A participant in a covered transaction may rely upon a b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification, such prospective transaction that is not debarred, suspended, ineligible, or participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction, unless it CFR 180.335 and 180.340. knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, ***** debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as

3. Instructions for Certification - Lower Tier Participants: the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for (Applicable to all subcontracts, purchase orders, and other Award Management website (https://www.sam.gov/), which is lower tier transactions requiring prior HWA approval or compiled by the General Services Administration. 2 CFR estimated to cost $25,000 or more - 2 CFRParts 180 and 180.300, 180.320, 180.330, and 180.335. 1200). 2 CFR 180.220 and 1200.220
h. Nothing contained in the foregoing shall be construed to By signing and submitting this proposal, the prospecti require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to b. The certification in this clause is a material representation exceed that which is normally possessed by a prudent person of fact upon which reliance was placed when this transaction in the ordinary course of business dealings. was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous i. Except for transactions authorized under paragraph e of certification, in addition to other remedies available to the these instructions, if a participant in a covered transaction Federal Government, the department, or agency with which knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 12 excluded from participation in this transaction, in addition to cooperative agreement, the undersigned shall complete and other remedies available to the Federal Government, the submit Standard Form-LLL, "Disclosure Form to Report department or agency with which this transaction originated Lobbying," in accordance with its instructions. may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or ***** entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31

4. Certification Regarding Debarment, Suspension, U.S.C. 1352. Any person who fails to file the required Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than Participants: $10,000 and not more than $100,000 for each such failure. a. The prospective lower tier participant certifies, by 3. The prospective participant also agrees by submitting its submission of this proposal, that neither it nor its principals: bid or proposal that the participant shall require that the language of this certification be included in all lower tier (1) is presently debarred, suspended, proposed for subcontracts, which exceed $100,000 and that all such debarment, declared ineligible, or voluntarily excluded from recipients shall certify and disclose accordingly. participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
XII. USE OF UNITED STATES-FLAG VESSELS:
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction preceding this proposal (USDOT Order 4200.6 implementing contracts, design-build contracts, subcontracts, lower-tier appropriations act requirements); and subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative This requirement applies to material or equipment that is remedies have been exhausted, or have lapsed, and that is acquired for a specific Federal-aid highway project. 46 CFR not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into with the authority responsible for collecting the tax liability. inventories independent of an HWA funded-contract. (USDOT Order 4200.6 implementing appropriations act
requirements) When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a b. Where the prospective lower tier participant is unable to specific Federal-aid construction project, the bidder, proposer, certify to any of the statements in this certification, such contractor, subcontractor, or vendor agrees:
prospective participant should attach an explanation to this proposal. 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the XI. CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7.

This provision is applicable to all Federal-aid construction 2. To furnish within 20 days following the date of loading for contracts and to all related subcontracts which exceed shipments originating within the United States or within 30 $100,000. 49 CFR Part 20, App. A. working days following the date of loading for shipments originating outside the United States, a legible copy of a rated,

1. The prospective participant certifies, by signing and n-board' commercial ocean bill-of-lading in English for ea submitting this bid or proposal, to the best of his or her ipment of cargo described in paragraph (b)(1) of this secti knowledge and belief, that: to both the Contracting Officer (through the prime contractor i he case of subcontractor bills-of-lading) and to the Office o . No Federal appropriated funds have been paid or will b Cargo and Commercial Sealift (MAR-620), Maritime aid, by or on behalf of the undersigned, to any person fo Administration, Washington, DC 20590. (MARAD requires influencing or attempting to influence an officer or employee of copies of the ocean carrier's (master) bills of lading, certified any Federal agency, a Member of Congress, an officer or onboard, dated, with rates and charges. These bills of lading employee of Congress, or an employee of a Member of may contain business sensitive information and therefore may Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation contract, the making of any Federal grant, the making of any Intermediary on behalf of the contractor). 46 CFR 381.7.

Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
. If any funds other than Federal appropriated funds have seen paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or

ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to pertorm the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
14

Calexico City CouncilJuly 25, 2024

Calexico City Council
July 25, 2024